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GIFT  OF 


General  School  Law 
of  South  Carolina 


Nineteen  Hundred  and  Nine 


Edited  by  W.  H.  TOWNSEND 

Former  Code  Commissioner 

Attorney  at  Law 
COLUMBIA,  SOUTH  CAROLINA 


Issued  by  J.  E.  SWEARINGEN 

State  Superintendent  of   Education 


GENERAL  SCHOOL  LAW 


OF 


South  Carolina 

1909 

PUBLISHED  BY  J.  E.  SWEARINGEN 

State  Superintendent  of  Education 


Constitutional  Provisions,  1909 

ARTICLE  XI. 
Education. 

Section  I.  The  supervision  of  public  instruction  shall  be  vested 
in  a  State  Superintendent  of  Education,  who  shall  be  elected  for 
the  term  of  two  years  by  the  qualified  electors  of  the  State,  in 
such  manner  and  at  such  time  as  the  other  State  officers  are 
elected ;  his  powers,  duties  and  compensations  shall  be  defined  by 
the  General  Assembly. 

Sec.  2.  There  shall  be  a  State  Board  of  Education,  composed 
of  the  Governor,  the  State  Superintendent  of  Education,  and  not 
exceeding  seven  persons  to  be  appointed  by  the  Governor  every 
four  years,  of  which  board  the  Governor  shall  be  Chairman,  and 
the  State  Superintendent  of  Education,  Secretary.  This  board 
shall  have  the  regulation  of  examination  of  teachers  applying  for 
certificates  of  qualification,  and  shall  award  all  scholarships,  and 
have  such  other  powers  and  duties  as  may  be  determined  by  law. 
The  traveling  expenses  of -the  persons  to  be  appointed  shall  be 
provided  for  by  the  General  Assembly. 

Sec.  3.  The  General  Assembly  shall  make  provision  for  the 
election  or  appointment  of  all  other  necessary  school  officers,  and 
shall  define  their  qualifications,  powers,  duties,  compensation  and 
terms  of  office. 

247911 


2  GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA. 

Sec.  4.  The  salaries  of  the  State  and  County  school  officers 
and  compensation  of  County  Treasurers  for  collecting  and  dis- 
bursing school  moneys  shall  not  be  paid  out  of  the  school  funds, 
but  shall  be  otherwise  provided  for  by  the  General  Assembly. 

Sec.  5.  The  General  Assembly  shall  provide  for  a  liberal  sys- 
tem of  free  public  schools  for  all  children  between  the  ages  of  six 
and  twenty-one  years,  and  for  the  division  of  the  counties  into 
suitable  school  districts,  as  compact  in  form  as  practicable, 
having  regard  to  natural  boundaries,  and  not  to  exceed  forty- 
nine  nor  be  less  than  nine  square  miles  in  area:  Provided,  That 
in  cities  of  ten  thousand  inhabitants  and  over,  this  limitation  of 
area  shall  not  apply:  Provided,  further,  That  when  any  school 
district  laid  out  under  this  section  shall  embrace  cities  or  towns 
already  organized  into  special  school  districts  in  which  graded 
school  buildings  have  been  erected  by  the  issue  of  bonds,  or  by 
special  taxation,  or  by  donation,  all  the  territory  included  in  said 
school  district  shall  bear  its  just  proportion  of  any  tax  that  may 
be  levied  to  liquidate  such  bonds  or  support  the  public  schools 
therein :  Provided,  further,  That  nothing  in  this  article  contained 
shall  be  construed  as  a  repeal  of  the  laws  under  which  the  sev- 
eral graded  school  districts  of  this  State  are  organized.  The 
present  division  of  the  counties  into  school  districts  and  the 
provisions  of  law  now  governing  the  same  shall  remain  until 
changed  by  the  General  Assembly. 

Note. — The  laws  applying  to  schools  districts  and  the  Graded 
schools  held  not  repealed  by  this  constitutional  provision.  Mar- 
tin v.  School  District  of  Laurens,  57  S.  C.,  125. 

Liberal  provision  for  support  of  schools  required.  Murph  v. 
Landrum,  76  S  .C.,  32 ;  and  Acts  in  the  interest  of  the  schools  will 
be  so  construed.  State  ex  rel.  Spencer  v.  McCaw,  67  S.  C.,  351, 

Sec.  6.  The  existing  County  Boards  of  Commissioners  of  the 
several  counties,  or  such  officer  or  officers  as  may  hereafter  be 
vested  with  the  same  or  similar  powers  and  duties,  shall  levy  an 
annual  tax  of  three  mills  on  the  dollar  upon  all  the  taxable  prop- 
erty in  their  respective  counties,  which  tax  shall  be  collected  at 
the  same  time  and  by  the  same  officers  as  the  other  taxes  for  the 
same  year,  and  shall  be  held  in  the  county  treasury  of  the  respec- 
tive counties ;  and  the  said  fund  shall  be  apportioned  among  the 
school  districts  of  the  county  in  proportion  to  the  number  of 


GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA.  3 

pupils  enrolled  in  the  public  schools  of  the  respective  districts, 
and  the  officer  or  officers  charged  by  law  with  making  said  ap- 
portionment shall  notify  the  trustees  of  the  respective  school 
districts  thereof,  who  shall  expend  and  disburse  the  same  as  the 
General  Assembly  may  prescribe.  The  General  Assembly  shall 
define  "enrollment."  Not  less  than  three  trustees  for  each  school 
district  shall  be  selected  from  the  qualified  voters  and  taxpayers 
therein,  in  such  manner  and  for  such  terms  as  the  General  As- 
sembly may  determine,  except  in  cases  of  special  school  dis- 
tricts now  existing,  where  the  provisions  of  law  now  governing 
the  same  shall  remain  until  changed  by  the  General  Assembly: 
Provided,  The  manner  of  the  selection  of  said  trustees  need  not 
be  uniform  throughout  the  State.  There  shall  be  assessed  on  all 
taxable  polls  in  the  State  between  the  ages  of  twenty-one  and 
sixty  years  (excepting  Confederate  soldiers  above  the  age  of 
fifty),  an  annual  tax  of  one  dollar  on  each  poll,  the  proceeds  of 
which  tax  shall  be  expended  for  school  purposes  in  the  several 
school  districts  in  which  it  is  collected.  Whenever  during  the 
three  next  ensuing  fiscal  years  the  tax  levied  by  the  said  County 
Boards  of  Commissioners  or  similar  officers  and  the  poll  tax 
shall  not  yield  an  amount  equal  to  three  dollars  per  capita  of  the 
number  of  children  enrolled  in  the  public  schools  of  each  county 
for  the  scholastic  year  ending  the  thirty-first  day  of  October  in 
the  year  eighteen  hundred  and  ninety-five,  as  it  appears  in  the 
report  of  the  State  Superintendent  of  Education  for  said  scholas- 
tic year,  the  Comptroller  General  shall,  for  the  aforesaid  three 
next  ensuing  fiscal  years,  on  the  first  day  of  each  of  said  years, 
levy  such  an  annual  tax  on  the  taxable  property  of  the  State 
as  he  may  determine  to  be  necessary  to  make  up  such  deficiency, 
to  be  collected  as  other  State  taxes,  and  apportion  the  same 
among  the  counties  of  the  State  in  proportion  to  the  respective 
deficiencies  therein.  The  sum  so  apportioned  shall  be  paid  by 
the  State  Treasurer  to  the  County  Treasurers  of  the  respective 
counties,  in  proportion  to  the  respective  deficiencies  therein,  on 
the  warrant  of  the  Comptroller  General,  and  shall  be  apportioned 
among  the  school  districts  of  the  counties,  and  disbursed  as  other 
school  funds;  and  from  and  after  the  thirty-first  day  of  Decem- 
ber, in  the  year  eighteen  hundred  and  ninety-eight,  the  General 
Assembly  shall  cause  to  be  levied  annually  on  all  the  taxable 
property  of  the  State  such  a  tax,  in  addition  to  the  said  tax  levied 


4  GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA. 

by  the  said  County  Boards  of  Commissioners  or  similar  officers, 
and  poll  tax  above  provided,  as  may  be  necessary  to  keep  the 
schools  open  throughout  the  State  for  such  length  of  time  in 
each  scholastic  year  as  the  General  Assembly  may  prescribe; 
and  said  tax  shall  be  apportioned  among  the  counties  in  propor- 
tion to  the  deficiencies  therein  and  disbursed  as  other  school 
funds.  Any  school  district  may  by  the  authority  of  the  General 
Assembly  levy  an  additional  tax  for  the  support  of  its  schools. 

Note. — The  term  "levy"  as  the  three  mill  tax  imposes  purely 
ministerial  duties  on  the  board,  and  requires  that  it  shall  take 
such  action  as  will  place  the  tax  on  the  auditor's  books.  Dickson 
v.  Burckmeyer,  67  S.  C.,  534. 

As  to  the  apportionment  of  the  tax  see  Capers  v.  Derham,  54 
S.  C.,  349 ;  and  Murph  v.  Landrum,  76  S.  C.,  32. 

Sec.  7.  Separate  schools  shall  be  provided  for  children  of  the 
white  and  colored  races,  and  no  child  of  either  race  shall  ever 
be  permitted  to  attend  a  school  provided  for  children  of  the  other 
race. 

Note. — See  Floyd  v.  News  and  Courier,  71  S.  C.,  118. 

Sec.  8.  The  General  Assembly  may  provide  for  the  mainten- 
ance of  Clemson  Agricultural  College,  the  University  of  South 
<Qarolina,  and  the  Winthrop  Normal  and  Industrial  College,  a 
branch  thereof,  as  now  established  by  law,  and  may  create  schol- 
arships therein;  the  proceeds  realized  from  the  land  scrip  given 
by  the  Act  of  Congress  passed  the  second  day  of  July,  in  the 
year  eighteen  hundred  and  sixty-two,  for  the  support  of  an  agri- 
cultural college,  and  any  lands  or  funds  which  have  heretofore 
been  or  may  hereafter  be  given  or  appropriated  for  educational 
purposes  by  the  Congress  of  the  United  States,  shall  be  applied 
as  directed  in  tht  Acts  appropriating  the  same :  Provided,  That 
the  General  Assembly  shall,  as  soon  as  practicable,  wholly  sep- 
arate Claflin  College  from  Claflin  University  and  provide  for  a 
separate  corps  of  professors  and  instructors  therein,  representa- 
tion to  be  given  to  men  and  women  of  the  negro  race ;  and  it  shall 
be  the  Colored  Normal,  Industrial,  Agricultural  and  Mechanical 
College  of  this  State. 

Sec.  9.  The  property  or  credit  of  the  State  of  South  Carolina, 
or  of  any  county,  city,  town,  township,  school  district  or  other 


GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA.  5 

subdivision  of  the  said  State,  or  any  public  money,  from  what- 
ever source  derived,  shall  not,  by  gift,  donation,  loan,  contract, 
appropriation,  or  otherwise,  be  used,  directly  or  indirectly,  in  aid 
or  maintenance  of  any  college,  school,  hospital,  orphan  house,  or 
other  institution,  society  or  organization,  of  whatever  kind, 
which  is  wholly  or  in  part  under  the  direction  or  control  of  any 
church  or  of  any  religious  or  sectarian  denomination,  society  or 
organization. 

Note. — See  Attorney  General's  opinion  as  to  what  are  not  vio- 
lations of  this  section.  In  the  case  of  the  Epworth  Orphanage, 
September  27,  1902;  and  also.  Reports  and  Resolutions,  1905, 
Vol.  2,  p.  27. 

Sec.  10.  All  gifts  of  every  kind  for  educational  purposes,  if 
accepted  by  the  General  Assembly,  shall  be  applied  and  used  for 
the  purposes  designated  by  the  giver,  unless  the  same  be  in  con- 
flict with  the  provisions  of  this  Constitution. 

Sec.  ii.  All  gifts  to  the  State  where  the  purpose  is  not  desig- 
nated, all  escheated  property,  the  net  assets  or  funds  of  all 
estates  or  copartnerships  in  the  hands  of  the  Courts  of  the  State 
where  there  have  been  no  claimants  for  the  same  within  the  last 
seventy  years,  and  other  money  coming  into  the  Treasury  of  the 
State  by  reason  of  the  twelfth  section  of  an  Act  entitled  "An  Act 
to  provide  a  mode  of  distribution  of  the  moneys  as  direct  tax 
from  the  citizens  of  this  State  by  the  United  States  in  trust  to 
the  State  of  South  Carolina,"  approved  the  twenty-fourth  day  of 
December,  in  the  year  eighteen  hundred  and  ninety-one,  together 
with  such  other  means  as  the  General  Assembly  may  provide, 
shall  be  securely  invested  as  the  State  School  Fund,  and  the 
annual  income  thereof  shall  be  apportioned  by  the  General 
Assembly  for  the  purpose  of  maintaining  the  public  schools. 

Sec.  12.  All  the  net  income  to  be  derived  by  the  State  from 
the  sale  or  license  for  the  sale  of  spirituous,  malt,  vinous  and 
intoxicating  liquors  and  beverages,  not  including  so  much 
thereof  as  is  now  or  may  hereafter  be  allowed  by  law  to  go  to 
the  counties  and  municipal  corporations  of  the  State,  shall  be 
applied  annually  in  aid  of  the  supplementary  taxes  provided  for 
in  the  sixth  section  of  this  article ;  and  if  after  said  application 
there  should  be  a  surplus,  it  shall  be  devoted  to  public  school 


6  GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA. 

purposes,  and  apportioned  as  the  General  Assembly  may  deter- 
mine :  Provided,  however,  That  the  said  supplementary  taxes 
shall  only  be  levied  when  the  net  income  aforesaid  from  the  sale 
or  license  for  the  sale  of  alcolholic  liquors  or  beverages  are  not 
sufficient  to  meet  and  equalize  the  deficiencies  for  which  the  said 
supplementary  taxes  are  provided. 

Note. — How  funds  must  be  apportioned.  See  Murph  v.  Lan- 
drum,  76  S.  C.,  22;  Capers  v.  Derham,  54  S.  C.,  350. 

#*#*###****#* 

Done  in  Convention  in  Columbia,  on  the  fourth  day  of  Decem- 
ber, in  the  year  of  our  Lord  one  thousand  eight  hundred  and 
ninety-five. 

JOHN  GARY  EVANS, 

President  of  the  Convention. 
IRA  B.  JONES, 

Vice-President  of  the  Convention. 
W.  JASPER  TALBERT, 

Vice-President  of  the  Convention. 
Attest : 

S.  W.  VANCE,  Secretary  of  the  Convention. 


Code  of  Laws  of  South  Carolina,  1902,  With  Amend- 
ments, Including  Those  of  1909 


Sec.  1174.  The  State  Superintendent  of  Education  shall  be 
elected  at  each  general  election,  in  the  same  manner  as  other 
State  officers,  and  shall  enter  upon  the  duties  of  his  office  at  the 
time  prescribed  by  law.  Before  entering  upon  the  duties  of  his 
office,  he  shall  give  bond,  for  the  use  of  the  State  of  South  Caro- 
lina, in  the  penal  sum  of  five  thousand  (5,000)  dollars,  with  good 
and  sufficient  sureties,  to  be  approved  by  the  Governor,  condi- 
tioned for  the  faithful  and  impartial  performance  of  the  duties  of 
his  office ;  and  he  shall  also,  at  the  time  of  giving  bond,  take  and 
subscribe  the  oath  prescribed  in  Section  26,  of  Article  III,  of  the 
Constitution  of  the  State,  which  shall  be  endorsed  upon  the  back 
of  said  bond;  and  the  bond  shall  be  filed  with  the  Secretary  of 
State,  and  by  him  recorded,  and  when  so  recorded,  shall  be  filed 
with  the  State  Treasurer.  The  Superintendent  of  Education 
shall  receive  as  compensation  for  his  services  the  sum  of  nine- 
teen hundred  dollars  per  annum,  payable  monthly  out  of  the 
State  Treasury;  and  his  traveling  expenses,  not  exceeding  three 
hundred  dollars,  shall  be  paid  out  of  the  State  Treasury  upon 
duly  itemized  accounts  rendered  by  him. 

Sec.  1175.  He  shall  have  general  supervision  over  alj  the 
schools  of  the  State  supported  in  whole  or  in  part  from  the  public 
school  funds,  and  it  shall  be  his  duty  to  visit  every  county  in  the 
State  as  often  as  practicable  for  the  purpose  of  inspecting  the 
schools,  awakening  an  interest  favorable  to  the  cause  of  educa- 
tion, and  diffusing  as  widely  as  possible,  by  public  addresses  and 
personal  communications  with  school  officers,  teachers  and 
parents,  a  knowledge  of  existing  defects  and  of  desirable  im- 
provements in  the  government  and  instruction  of  the  said 
schools.  He  shall  secure,  by  and  with  the  advice  of  the  State 
Board  of  Education,  uniformity  in  the  use  of  text-books  through- 
out the  free  public  schools  of  the  State,  and  shall  forbid  the  use 
of  sectarian  or  partisan  books  and  instruction  in  said  schools. 
He  shall  prepare  and  transmit  to  the  several  County  Superin- 
tendents of  Education,  school  registers,  blank  certificates,  re- 


8  GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA. 

ports  and  such  other  suitable  blanks,  forms  and  printed  instruc- 
tions as  may  be  necessary  to  aid  school  officers  and  teachers  in 
making  their  reports  and  carrying  into  full  effect  the  various  pro- 
visions of  the  school  laws  of  this  State ;  and  shall  cause  the  law 
relating  to  the  free  public  schools,  with  such  rules,  regulations, 
forms  and  instructions  as  shall  be  legally  prescribed,  to  be 
printed,  together  with  a  suitable  index,  in  pamphlet  form,  at  the 
expense  of  the  State;  and  he  shall  cause  copies  of  the  same  to  be 
transmitted  to  the  several  County  Superintendents  of  Education 
for  distribution.  He  shall  collect  in  his  office  such  school  books, 
apparatuses,  maps  and  charts  as  can  be  obtained.  He  may  cer- 
tify copies  of  all  papers  filed  in  his  office,  and  such  certified 
copies  shall  be  competent  evidence  thereof. 

Note. — The  State  Superintendent  has  general  supervision  over 
all  public  schools  and  school  funds.  Duncan  v.  Heyward,  74 
S.  C.,  565 ;  78  S.  C.,  243.  No  fees  can  be  charged  pupils  entitled 
to  attend  such  schools.  Atty.  Gen'l  opinion,  1903,  Reports  and 
Reso.,  1904,  p.  1062.  Though  such  fees  may  be  charged  under 
some  special  charters.  Atty.  Gen.  op.,  1901,  Oct.  I5th. 

Sec.  1176.  He  shall  make  a  report,  through  the  Governor  to 
the  General  Assembly  at  each  regular  session  thereof,  showing: 
ist.  The  whole  number  of  pupils  registered  in  and  the  number 
enrolled  as  hereinafter  defined  in  the  free  common  schools  of  this 
State  during  the  year  ending  the  thirtieth  day  "of  the  last  pre- 
ceding June,  and  the  number  in  each  county  registered  in  and  the 
number  enrolled  as  hereinafter  defined  during  the  same  period. 
2d.  The  number  of  whites  and  the  number  of  colored,  of  each 
sex,  attending  the  said  schools.  3d.  The  number  of  free  schools 
in  the  State.  4th.  The  number  of  pupils  studying  each  of  the 
branches  taught.  5th.  The  average  wages  paid  to  teachers  of 
each  sex,  and  to  the  principals  of  schools  and  departments  in 
said  schools.  6th.  The  number  of  school  houses  erected  during 
the  year,  and  the  location,  material  and  cost  thereof.  7th.  The 
number  previously  erected,  and  the  material  of  their  construc- 
tion, and  their  condition  and  value,  and  the  number  with  the 
grounds  enclosed.  8th.  The  counties  in  which  Teachers'  Insti- 
tutes were  held,  and  the  number  attending  the  Institutes  in  each 
county.  9th.  Such  other  statistical  information  as  he  may  deem 
important,  together  with  such  plans  as  he  may  have  matured  and 


SCHOOL  LAW  OF  SOUTH  CAROLINA.  9 

the  State  Board  of  Education  may  have  recommended  for  the 
management  and  improvement  of  the  school  fund  and  for  the 
more  perfect  organization  and  efficiency  of  the  free  public 
schools.  All  State  institutions  of  higher  learning  shall  make  an 
annual  report  on  or  before  the  first  day  of  September  of  each 
year  to  the  State  Superintendent  of  Education,  embracing  a 
detailed  account  of  the  operations  of  such  institutions,  including 
the  expenditure  of  the  public  moneys  for  the  current  scholastic 
year,  which  reports  the  State  Superintendent  of  Education  shall 
include  in  his  annual  report  to  the  Legislature.  All  Acts  or  parts 
of  Acts  requiring  annual  reports  to  be  made  to  other  authorities 
are  hereby  repealed. 

Sec.  1177.  The  sum  of  nine  hundred  dollars  shall  be  allowed 
to  the  Superintendent  of  Education  for  the  purpose  of  defraying 
the  expenses  of  clerk  hire  in  his  office. 

Sec.  1178.  The  State  Treasurer  shall  take  and  hold  in  trust  for 
the  State  any  grant  or  devise  of  lands  and  any  gift  or  bequest 
of  money  or  other  personal  property  made  to  him  for  educational 
purposes,  all  gifts  to  the  State  where  the  purpose  is  not  desig- 
nated, all  escheated  property,  the  net  assets  or  funds  of  all 
estates  or  copartnerships  in  the  hands  of  the  Courts  of  the  State 
where  there  have  been  no  claimants  for  the  same  within  the  last 
seventy  years,  and  other  money  coming  into  the  Treasury  of  the 
State  by  reason  of  the  twelfth  section  of  an  Act  entitled  "An  Act 
to  provide  a  mode  of  distribution  of  the  moneys  as  direct  tax 
from  the  citizens  of  this  State  by  the  United  States  in  trust  to 
the  State  of  South  Carolina,"  approved  the  twenty-fourth  day  of 
December,  in  the  year  eighteen  hundred  and  ninety-one,  together 
with  such  other  means  as  the  General  Assembly  may  provide. 
The  State  Treasurer  shall  from  time  to  time  invest  in  bonds 
of  this  State  or  of  the  United  States  all  such  money  in  the  name 
of  the  State,  as  a  permanent  State  school  fund,  and  shall  pay  out 
the  income  derived  therefrom  to  the  county  or  the  counties  of 
the  State  as  the  same  may  be  apportioned  among  said  counties 
by  the  State  Board  of  Education :  Provided,  That  no  disposition 
shall  be  made  of  any  property,  grant,  devise,  gift,  or  bequest, 
inconsistent  with  the  purposes,  conditions  or  terms  thereof.  For 
the  faithful  management  of  all  property  so  received  by  the  State 
Treasurer,  he  shall  be  responsible  upon  his  bond  to  the  State  as 


10  GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA. 

for  other  funds  received  by  him  in  his  official  capacity :  Provided, 
however,  That  the  Trustees  of  any  school  district  of  this  State 
may  take  and  hold  in  trust  for  their  particular  school  district  any 
property  granted,  devised,  given  or  bequeathed  to  such  school 
district,  and  apply  the  same  in  the  interest  of  the  schools  of  their 
district  in  such  manner  as  in  their  judgment  seems  most  condu- 
cive to  the  welfare  of  the  schools  when  not  otherwise  directed  by 
the  terms  of  the  grant,  devise,  gift  or  bequest:  And  Provided, 
further,  That  before  said  Trustees  shall  assume  control  of  any 
grant,  devise,  gift  or  bequest  they  shall  give  a  bond,  to  be  ap- 
proved by  the  County  Board  of  Education  of  the  County  in 
which  such  grant,  devise,  gift  or  bequest  is  made,  conditioned 
for  the  faithful  discharge  of  the  trust  reposed  in  them  in  respect 
to  said  property,  which  bond  shall  be  deposited  with  the  Clerk  of 
the  Court  of  said  County.  The  said  Trustees  are  hereby  invested 
with  the  care  and  custody  of  all  school  houses  or  other  school 
property  belonging  to  their  school  districts,  with  full  power  to 
control  the  same  in  such  manner  as  they  may  think  will  best 
subserve  the  interest  of  the  free  public  schools  and  the  cause  of 
education. 

Sec.  1179.  The  State  Superintendent  of  Education  shall  dis- 
charge such  other  duties  as  may  be  provided  by  law;  and  he  shall 
deliver  to  his  successor,  within  ten  days  after  the  expiration  of 
his  term  of  office,  all  books,  papers,  documents  and  other  prop- 
erty belonging  to  his  office. 

Sec.  1180.  In  case  a  vacancy  occurs  in  the  office  of  State  Su- 
perintendent of  Education,  from  any  cause,  such  vacancy  shall 
be  filled  by  the  Governor,  by  and  with  the  advice  and  consent  of 
the  Senate,  and  the  person  so  appointed  shall  qualify  within  fif- 
teen days  from  the  date  of  such  appointment,  or  else  the  office 
shall  be  deemed  vacant.  If  the  vacancy  occur  during  the  recess 
of  the  Senate,  the  Governor  shall  fill  the  same  by  appointment 
until  the  Senate  can  act  thereon. 

Sec.  1181.  The  Governor,  the  Superintendent  of  Education, 
and  seven  persons,  one  from  each  Congressional  District,  to  be 
appointed  by  the  Governor,  who  shall  hold  office  for  four  years, 
and  until  their  successors  may  be  appointed,  unless  sooner  re- 
moved by  the  Governor,  shall  constitute  the  State  Board  of  Edu- 
cation. Of  this  Board  the  Governor  shall  be  ex  officio  Chairman, 


GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA.  11 

and  the  State  Superintendent  of  Education  shall  be  Secretary  of 
the  Board.  The  Secretary  shall  be  custodian  of  its  records, 
papers  and  effects,  and  shall  keep  minutes  of  its  proceedings ;  and 
said  records,  papers  and  minutes  shall  be  kept  in  the  office  of  the 
State  Superintendent  of  Education  and  shall  be  open  to  inspec- 
tion by  the  public. 

Sec.  1182.  The  said  Board  shall  meet  on  the  call  of  its  Chair- 
man, or  upon  the  request  of  a  majority  of  its  members,  at  the 
office  of  the  State  Superintendent  of  Education,  or  at  such  other 
place  as  may  be  designated  in  the  call.  A  majority  of  the  Board 
shall  constitute  a  quorum  for  transacting  business.  The  official 
seal  of  the  State  Superintendent  of  Education  shall  be  used  for 
the  authentication  of  the  acts  of  the  State  Board.  The  members 
of  the  State  Board  of  Education  appointed  by  the  Governor  shall 
receive  as  compensation  the  same  mileage  and  per  diem  as  is 
provided  for  members  of  the  General  Assembly,  not  exceeding 
twenty  days  in  any  one  year. 

Sec.  1183.  The  State  Board  of  Education  shall  constitute  an 
advisory  body,  with  whom  the  State  Superintendent  of  Educa- 
tion shall  have  the  right  to  consult  when  he  is  in  doubt  as  to  his 
official  duty;  and  shall  have  power  to  review  on  appeal  all  de- 
cisions of  the  County  Boards  of  Education,  as  hereinafter  pro- 
vided for.  Appeals  to  the  State  Board  of  Education  must  be 
made  through  the  County  Boards  of  Education,  in  writing,  and 
must  distinctly  set  forth  the  question  of  law  as  well  as  the  facts 
of  the  case  upon  which  the  appeal  is  taken,  and  the  decision 
of  the  State  Board  shall  be  final  upon  the  matter  at  issue. 

Note. — The  remedy  against  illegal  acts  of  County  Boards  of 
Education  is  by  appeal  to  the  State  Board :  Greenville  College 
for  Women  v.  County  Board  of  Education,  75  S.  C.,  93 ;  State  ex 
rel.  Williams  v.  Hiers,  51  S.  C.,  388;  State  ex  rel.  Bryson  v. 
Daniel,  52  S.  C.,  201 ;  Sligh  v.  Bowers,  62  S.  C.,  409.  The  ap- 
peal operates  as  a  supersedeas.  Atty  GenTs  op.,  1905,  p.  41. 

Sec.  1184.  The  State  Board  of  Education  shall  have  power: 
ist.  To  adopt  rules  and  regulations  not  inconsistent  with  the 
laws  of  the  State  for  its  own  government  antf  for  the  government 
of  the  free  public  schools.  2d.  To  prescribe  and  enforce  rules 
for  the  examination  of  teachers.  3d.  To  prescribe  a  standard  of 


12  GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA. 

proficiency  before  County  Boards  of  Education  which  will  entitle 
persons  examined  by  such  Boards  of  Education  to  certificates  as 
teachers.  4th.  To  prescribe  and  enforce  the  course  of  study  in  the 
free  public  schools.  5th.  To  prescribe  and  to  enforce,  as  far  as 
practicable,  the  use  of  a  uniform  series  of  text-books  in  the  free 
public  schools  of  the  State;  to  enter  into  an  agreement  with  the 
publishers  of  the  books  prescribed,  fixing  the  time  of  prescrip- 
tion and  the  price  above  which  the  books  shall  not  be  retailed 
during  the  period  of  prescription,  and  a  rate  of  discount  at  not 
less  than  which  the  books  shall  be  furnished  to  the  retail  dealers 
in  this  State;  to  require  the  publishers,  in  the  discretion  of  the 
Board,  to  establish  in  each  county  one  or  more  depositories  of 
their  books  within  the  State,  at  such  place  or  places  as  the 
Board  may  designate,  and  where  such  books  may  be  obtained 
without  delay;  and  to  exact  of  the  publishers  a  bond  in  the  sum 
of  not  more  than  five  thousand  dollars  conditioned  for  the  faith- 
ful performance  of  the  agreement,  and  with  a  penalty  of  twenty- 
five  dollars  for  each  violation  of  the  agreement,  the  form  and 
execution  of  the  bond  to  be  approved  by  the  Attorney  General 
of  the  State,  which  agreement  and  bond  shall  be  deposited  with 
the  State  Treasurer,  all  recoveries  thereon  to  go  into  the  State 
Treasury  for  school  purposes :  Provided,  That  the  State  Board  of 
Education  shall  not  have  power,  without  permission  of  the  Gen- 
eral Assembly  of  the  State,  to  change  a  text-book  within  five  (5) 
years  from  the  date  of  its  adoption,  except  for  violation  of  the 
agreement  entered  into  by  its  publisher  with  the  State  Board  of 
Education,  for  which  cause  it  may  be  changed  by  the  said  Board ; 
and  it  shall  be  unlawful  for  any  teacher  drawing  public  school 
money  to  use  any  book  not  prescribed  by  the  State  Board  of 
Education  without  the  consent,  in  writing,  of  said  Board.  6th. 
To  grant  State  teachers'  certificates  and  to  revoke  them  for  im- 
moral or  unprofessional  conduct,  profanity  or  evident  unfitness 
for  teaching.  7th.  To  review  on  appeal  an  order  revoking  a 
county  certificate:  Provided,  That  no  certificate  be  required  of 
examination  or  proficiency  from  any  applicant  for  teachers  in 
city  schools  of  Charleston  having  diplomas  from  the  Memminger 
Normal  School  in  the  City  of  Charleston,  whether  regular  or 
extra  teachers,  but  they  shall  be  alone  subjected  to  such  exami- 
nations and  conditions  as  may  be  required  by  the  Board  of  Com- 
missioners of  the  city  public  schools  of  Charleston.  8th.  To 


SCHOOL  LAW  OF  SOUTH  CAROLINA.  13 

award  scholarships  created  by  the  General  Assembly  in  the  insti- 
tutions of  learning  supported  in  whole  or  in  part  by  the  State. 

Note. — The  State  Board  acts  with  discretionary  power:  State 
ex  rel.  Williams,  51  S.  C.,  388;  Duncan  v.  State  Board,  74  S.  C., 
565 ;  78  S.  C.,  243.  They  may  in  their  discretion  review  the 
action  of  the  County  Board  of  Education  fixing  hours  for  school. 
Atty.  Genl's.  opinion,  1905,  59?  or  prescribe  on  what  lands  build- 
ings are  to  be  erected,  Atty  Genl's  opinion,  1905,  43;  or  deter- 
mine standard  of  schools  and  colleges,  Atty.  Genl's  opinion, 
1905,  p.  42  As  to  award  of  Clemson  College  scholarships ;  post- 
graduates may  enjoy;  Atty.  Genl's  Report,  1907,  p.  139;  as  they 
are  not  limited  to  any  particular  class.  Atty.  Genl's  Report, 
1904,  p.  23;  preference  must  always  be  given  those  taking  the 
agricultural  course,  Atty.  Genl's  Report,  1904,  p.  24;  vacancies 
from  one  county  cannot  be  filled  from  another,  Atty.  Genl's  Re- 
port, 1904,  p.  24. 

Sec.  1185.  No  child  shall  be  counted  in  the  enrollment  more 
than  once,  nor  in  more  than  one  school  district  in  any  one  school 
year,  and  the  school  officer  charged  with  the  duty  of  enrollment 
wilfully  violating  this  provision  shall  be  guilty  of  a  misdemeanor. 
The  teacher  or  principal  of  every  school  shall  keep  and  furnish 
annually  to  the  Trustees  of  the  school  district  a  list  of  all  pupils 
that  have  attended  the  school  during  the  preceding  scholastic 
year,  showing  the  names  of  the  pupils,  their  respective  places 
of  residence,  and  the  number  of  days  each  pupil  has  attended, 
which  list  shall  be  certified  to  the  County  Board  of  Education 
by  said  Trustees  on  or  before  the  ist  day  of  August  in  every 
year. 

Act,  1905,  Vol.  24,  Sec.  483.  That  whenever  any  children  of 
school  age,  as  provided  by  law,  shall  attend  a  public  night  school 
for  twenty  nights  in  any  scholastic  year,  they  shall  be  deemed 
enrolled  and  their  names  shall  be  used  by  the  County  Boards  of 
Education  in  making  apportionments  just  as  if  they  had  attended 
day  schools  ten  days  as  provided  by  law :  Provided,  That  the  said 
night  schools  shall  be  taught  by  teachers  qualified  by  law  to 
teach  in  the  public  schools  of  the  State :  And  provided,  also,  That 
the  course  of  study  shall  be  the  course  approved  by  the  State 
Board  of  Education  for  use  in  the  public  schools  of  the  State. 


14  GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA. 

That  the  same  children  shall  not  be  counted  twice  in  making 
up  the  enrollment  of  a  school  district. 

Sec.  1186.  (1908,  25  Stats.,  1350;  26  Stats.,  180.)  At  the  expira- 
tion of  the  terms  of  office  of  the  School  Commissioners  of  the 
several  counties  of  the  State,  there  shall  be  elected  by  the  qual- 
ified electors  of  the  county  a  County  Superintendent  of  Edu- 
cation for  each  county,  who  shall  hold  his  office  for  the 
term  of  four  years — except  in  the  counties  of  Aiken,  Ander- 
son, Barnwell,  Bamberg,  Berkeley,  Calhoun,  Cherokee,  Darling- 
ton, Dorchester,  Fairfield,  Georgetown,  Hampton,  Lancaster, 
Marion,  Pickens,  Richland,  Sumter,  Spartanburg,  Union,  Wil- 
liamsburg,  Beaufort,  Laurens  and  York,  where  it  is  two  years — 
and  until  his  successor  is  elected  and  qualified :  Provided,  That  in 
the  County  of  Edgefield  the  term  shall  not  be  for  four  years 
until  after  the  general  election  in  1910.  He  shall,  before 
being  commissioned  and  entering  upon  the  duties  of  his 
office,  give  bond  to  the  State,  for  the  use  of  the  County  in 
which  he  is  elected,  for  educational  purposes,  in  the  penal  sum  of 
one  thousand  dollars,  with  good  and  sufficient  sureties  to  be  ap- 
proved by  the  County  Board  of  Commissioners,  conditioned  for 
the  faithful  and  impartial  discharge  of  the  duties  of  his  office, 
and  shall  take  and  subscribe  the  oath  of  office  prescribed  in 
Section  26,  Article  III,  of  the  Constitution  of  this  State,  which 
he  shall  file  in  the  office  of  the  Secretary  of  State.  When  com- 
missioned he  shall  immediately  enter  upon  the  discharge  of  his 
duties.  His  failure  to  qualify  within  thirty  days  after  notice  of 
his  election  shall  create  a  vacancy:  Provided,  The  bond  of  the 
Superintendent  of  Education  for  Saluda  County,  which  has  a 
large  reserve  school  fund,  shall  be  five  thousand  dollars.  XXIV 
Stats,  58. 

Sec.  1187.  The  State  Board  of  Education  shall  fill  all  vacancies 
in  the  office  of  County  Superintendent  of  Education  for  the 
unexpired  term. 

Sec.  1188.  It  shall  be  the  duty  of  each  County  Superintendent 
of  Education  to  visit  the  schools  in  his  county  at  least  once  in 
each  year,  and  oftener  if  practicable,  and  to  note  the  course  and 
method  of  instruction  and  the  branches  taught,  and  to  give  such 
recommendation  in  the  art  of  teaching  and  the  method  thereof  in 


GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA.  15 

each  school  as  shall  be  necessary,  so  that  uniformity  in  the 
course  of  studies  and  method  of  instruction  employed  shall  be 
secured  as  far  as  practicable  in  the  schools  of  the  several  grades, 
respectively.  He  shall  acquaint  himself  as  far  as  practicable 
with  the  character  and  condition  of  each  school,  noting  any 
deficiencies  that  may  exist,  either  in  the  government  of  the 
school  or  the  classification  of  its  pupils  or  the  method  of  instruc- 
tion employed  in  the  several  branches,  and  shall  make  such  sug- 
gestions in  private  to  the  teachers  as  to  him  shall  appear  neces- 
sary to  the  good  order  of  the  school  and  the  progress  of  the 
pupils.  He  shall  note  the  character  and  condition  of  the  school 
houses,  the  sufficiency  or  insufficiency  of  the  furniture,  and  shall 
make  such  suggestions  to  the  several  Boards  of  Trustees  as1  in 
his  opinion  shall  seem  conducive  to  the  comfort  and  progress  of 
the  several  schools.  It  shall  be  the  duty  of  each  County  Super- 
intendent of  Education  to  aid  the  teachers  in  all  proper  efforts  to 
improve  themselves  in  their  profession.*  For  this  purpose  he 
shall  encourage  the  formation  of  associations  of  teachers  for 
common  improvement  and  conduct  teachers'  institutes.  He 
shall  attend  the  meetings  of  such  associations  and  give  such 
advice  and  instruction  in  regard  to  their  conduct  and  manage- 
ment as  in  his  judgment  will  contribute  to  their  greater  effi- 
ciency. 

Sec.  1189.  The  County  Superintendent  of  Education  shall 
attend  the  annual  settlement  of  the  County  Treasurer  with  the 
Comptroller  General.  Within  ten  days  after  the  County  Treas- 
urer makes  his  monthly  report  to  the  County  Superintendent  of 
Education,  showing  the  amount  of  money  collected  by  him  since 
his  last  monthly  report,  it  shall  be  the  duty  of  the  County  Super- 
intendent of  Education  to  apportion  the  money  arising  from  a 
tax  on  property  as  shown  by  the  Treasurer's  report  among  the 
school  districts  of  his  county,  and  to  certify  such  apportionments 
to  the  County  Treasurer,  together  with  the  poll  tax  belonging  to 
each  district  as  shown*  by  said  report ;  and  it  shall  be  the  duty 
of  the  County  Treasurer  to  enter  upon  his  book  to  the  credit  of 
each  school  district  the  amount  due  each  district  according  to 
such  certificate  of  apportionment,  and  the  County  Treasurer  shall 
pay  out  the  money  belonging  to  their  respective  districts,  upon 
the  school  warrants  of  such  districts,  duly  signed  and  counter- 


16  .    GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA. 

signed  by  the  school  authorities,  for  that  scholastic  year  in  the 
order  of  their  presentation,  provided  that  there  be  no  outstanding 
claims  of  the  previous  scholastic  year ;  and  the  Comptroller  Gen- 
eral shall  receive  the  warrants  thus  paid  as  proper  vouchers  in 
the  hands  of  the  County  Treasurer. 

See  Criminal  Code  for  penalty  for  violation  of  this  section. 

Sec.  1190.  The  annual  report  of  the  County  Board  of  Educa- 
tion shall  contain  the  complete  statistics  of  all  schools  within  his 
county  supported  in  whole  or  in  part  from  the  public  funds,  as 
may  be  required  of  him  by  the  State  Superintendent  of  Educa- 
tion. 

Sec.  1191.  The  County  Superintendent  of  Education  shall 
make  an  annual  report  of  all  claims  filed,  audited  and  allowed 
and  ordered  paid  by  him  during  each  fiscal  year  to  the  presiding 
Judge  at  the  third  term  of  the  Court  of  General  Sessions  for  his 
county,  which  shall  be  held  after  the  first  day  of  January  in  each 
year,  to  be  submitted  by  said  Judge  to  the  grand  jury  for  their 
examination.  After  examination,  the  grand  jury  shall  report 
thereon  to  the  presiding  Judge  any  matter  growing  out  of  or  per- 
taining to  said  annual  report  which  to  them  may  seem  worthy 
of  the  attention  of  the  Court.  The  said  report  shall  thereupon  be 
filed  by  the  Clerk  of  said  Court  and  kept  as  papers  of  said 
Court,  for  inspection  by  any  citizen  desirous  of  examining  the 
same. 

Sec.  1192.  The  County  Board  of  Commissioners  of  each 
county  are  authorized  and  required  to  furnish  the  County  Board 
of  Education  of  their  county  with  a  comfortable  and  convenient 
office  and  suitable  office  furniture,  and  to  supply  said  office  with 
fuel,  lights,  stationery,  postage  and  such  other  incidentals  as  are 
necessary  to  the  proper  transaction  of  the  legitimate  business  of 
his  office. 

Sec.  1193.  It  shall  be  the  duty  of  the  County  Superintendent 
of  Education,  on  or  before  the  fifteenth  day  of  July  in  each  year, 
to  report  to  the  County  Treasurer,  by  school  districts,  all  school 
claims  approved  by  him  for  the  school  year  last  preceding,  and 
the  County  Treasurer  shall  thereupon  close  their  school  accounts 
for  that  year,  carrying  over  any  balance  to  the  credit  of  each 
school  district  of  the  then  current  fiscal  year. 


SCHOOL  LAW  OF  SOUTH  CAROLINA.  17 

Sec.  1194.  The  County  Superintendent  of  Education  shall  keep 
a  register  of  all  claims  approved  by  him  and  of  such  other  mat- 
ters as  the  State  Superintendent  of  Education  shall  require  of 
him,  and  in  the  form  prescribed  by  the  State  Superintendent. 

Section  1195.  The  County  Superintendent  of  Education  shall 
furnish  the  School  Trustees  of  his  County  with  copies  of  the 
reports  made  to  him  by  the  County  Auditor  and  County  Treas- 
urer as  to  the  persons  listed  and  paying  poll  tax,  and  shall  aid  the 
Trustees  in  making  all  proper  corrections. 

Sec.  1196.  The  County  Superintendents  of  Education  shall 
keep  in  their  office  a  die,  in  a  circular  form,  upon  the  centre  of 
which  shall  be  engraved,  in  capital  letters,  the  word  "seal,"  and 
on  the  circumference  the  proper  words  indicating  the  office, 
which  shall  be  regarded  as  the  seal  of  the  office,  and  which  the 
County  Superintendent  of  Education  shall  be  required  to  impress 
upon  all  papers  issued  from  his  office,  and  affix  his  name  to  such 
paper.  And  it  shall  be  the  duty  of  the  County  Board  of  Commis- 
sioners in  each  county  to  furnish  the  County  Superintendent  of 
Education  of  their  respective  counties  with  such  seal. 

Ac*t  of  1909,  26  Stats.,  132:  Any  and  all  school  warrants  issued 
by  any  Board  of  School  Trustees  against  any  public  school  fund 
shall  not  be  paid  by  the  County  Treasurer  or  other  officer  having 
the  custody  of  such  fund  until  the  warrant  has  been  approved  by 
the  County  Superintendent  of  Education  of  the  county  in  which 
said  warrant  is  drawn. 

It  is  not  necessary  that  claims  approved  by  him  be  also  under 
his  official  seal. — State  v.  Morton,  51  S.  C.,  323,  28  S.  E.,  945. 

Sec.  1197.  That  the  County  Superintendents  of  Education  of 
the  various  counties  of  this  State  shall  receive  annual  salaries  as 
follows :  Abbeville  County,  six  hundred  dollars ;  Aiken  County, 
six  hundred  dollars;  Anderson  County,  seven  hundred  and  fifty 
dollars ;  Bamberg  County,  five  dollars ;  Barnwell  County,  five 
hundred  dollars;  Beaufort  County,  four  hundred  dollars;  Ches- 
ter County,  six  hundred  dollars ;  Berkeley  County,  three  hundred 
dollars ;  Charleston  County,  nine  hundred  dollars ;  Chesterfield 
County,  four  hundred  dollars;  Cherokee  County,  five  hundred 
dollars ;  Clarendon  County,  six  hundred  and  twenty-five  dollars ; 
Colleton  County,  five  hundred  dollars ;  Darlington  County,  six 


18  GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA. 

hundred  dollars ;  Dorchester  County,  four  hundred  dollars ; 
Edgefield  County,  six  hundred  dollars ;  Fairfield  County,  five 
hundred  dollars ;  Florence  County,  eight  hundred  dollars ; 
Georgetown  County,  six  hundred  dollars ;  Greenville  County,  six 
hundred  dollars;  Greenwood  County,  six  hundred  dollars; 
Hampton  County,  five  hundred  and  fifty  dollars;  Horry  County, 
four  hundred  dollars ;  Kershaw  County,  five  hundred  dollars ; 
Lancaster  County,  six  hundred  dollars ;  Laurens  County,  six 
hundred  dollars ;  Lexington  County,  six  hundred  dollars ;  Lee 
County,  five  hundred  dollars;  Marion  County,  eight  hundred 
dollars;  Marlboro  County,  six  hundred  dollars;  Newberry 
County,  six  hundred  and  fifty  dollars;  Oconee  County,  five  hun- 
dred dollars;  Orangeburg  County,  eight  hundred  and  fifty  dol- 
lars; Pickens  County,  five  hundred  dollars;  Richland  County, 
twelve  hundred  dollars;  Saluda  County,  four  hundred  and  fifty 
dollars;  Spartanburg  County,  twelve  hundred  dollars;  Sumter 
County,  eight  hundred  dollars;  Union  county,  five  hundred  dol- 
lars ;  Williamsburg  County,  six  hundred  dollars ;  York  County, 
seven  hundred  and  fifty  dollars. 

Sec.  1198.  In  Abbeville,  Marlboro,  Chester,  Lexington,  Union 
and  York  Counties,  they  shall  receive  annually,  in  addition  to  the 
salaries  mentioned  in  the  last  section,  one  hundred  dollars,  and 
in  Laurens  County,  fifty  dollars,  for  traveling  expenses;  and  in 
every  other  county  of  the  State  they  shall  receive  annually,  in 
addition  to  their  salaries,  such  sum  as  may  be  necessary  to  pay 
the  actual  expenses  incurred  by  them  in  attending  meetings 
called  for  the  purpose  of  advancing  the  educational  interests, 
and  for  the  purpose  of  visiting  schools  in  other  counties  in  order 
to  become  familiar  with  their  management  and  mode  of  teach- 
ing: Provided,  That  no  such  account  shall  be  approved  in  favor 
of  any  County  Superintendent  of  Education  until  such  Superin- 
tendent of  Education  shall  have  furnished  the  County  Board  of 
Education  with  an  itemized  statement,  under  oath,  of  the  ex- 
penses incurred:  And  provided,  further,  That  in  no  case  shall 
the  expenses  exceed  one  hundred  dollars,  to  be  paid  on  the  war- 
rant of  the  "County  Board  of  Education.  His  claim  for  services 
and  expenses  shall  be  presented  in  the  form  of  an  account  against 
the  County  Board  of  Education,  and  shall  be  verified  by  affidavit 
to  the  effect  that  said  account  is  just  and  true;  that  the  service 


GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA  19 

therein  named  was  honestly  and  faithfully  rendered,  and  that  the 
sum  therein  claimed  is  rightfully  due  and  remains  unpaid.  When 
said  account  shall  have  been  duly  audited  and  approved  by  the 
County  Board  of  Education,  it  shall  be  filed  with  the  County 
Treasurer,  who  shall  pay  the  same  ratably  out  of  the  funds 
apportioned  to  the  several  school  districts  in  proportion  to  the 
average  number  of  children  attending  the  free  public  schools  in 
each  school  district. 

Note. — The  Act  of  1899,  Sec.  1197,  held  not  to  repeal  Sec.  1057 
of  the  Revised  Statutes  of  1893,  this  Sec.  1198.  Houser  v. 
Orangeburg  Co.,  59  S.  C.,  265.  Atty.  Genl.;  Opinion,  1903,  p. 
1062,  Vol.  I  of  Reports,  1904. 

Sec.  1199.  There  shall  be  a  County  Board  of  Education  in  each 
county,  composed  of  three  members,  one  of  whom  shall  be  the 
County  Superintendent  of  Education,  and  the  other  two  shall 
be  appointed  by  the  State  Board  of  Education  at  its  regular 
meeting  in  April,  1897,  an(l  every  two  years  thereafter,  who  shall 
hold  their  office  for  a  term  of  two  years  from  the  time  of  their 
appointment  and  until  their  successors  shall  be  appointed  and 
qualified,  unless  sooner  removed  by  the  State  Board  of  Educa- 
tion. 

Note. — Two  are  a  quorum  and  can  act.  Atty.  Genl.  Op.,  1906, 
p.  105. 

Sec.  1200,  26  Stats.,  73.  The  County  Board  of  Education  shall 
examine  all  candidates  for  the  position  of  teacher  and  give  to 
each  person  found  qualified  a  certificate,  setting  forth  the 
branches  of  learning  he  or  she  may  be  capable  of  teaching  and 
the  percentage  attained  in  each  branch;  said  certificate  to  be 
valid  for  a  term  of  two  years  unless  sooner  revoked,  and  it  may 
be  renewed  with  or  without  examination,  at  the  discretion  of  the 
board,  all  of  which  shall  be  done  under  such  regulations  as  the 
State  Board  of  Education  may  prescribe.  No  teacher  shall  be 
employed  in  any  of  the  free  public  schools  without  a  certificate 
from  the  County  Board  of  Education  or  the  State  Board  of  Edu- 
cation: Provided,  That  no  examinations  as  to  qualification  shall 
be  made  in  the  case  of  any  applicant  who  produces  a  full  diploma 
from  any  chartered  college  or  university  of  this  State  or  Mem- 
minger  Normal  School  of  Charleston,  and  furnishes  satisfactory 
evidence  of  good  moral  character.  (From  Act  of  1906,  XXV. 


20  GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA. 

Stats.,  37 :  Provided,  further,  That  the  State  Board  of  Education 
shall  examine  into  the  curriculum,  standing,  faculty  and  equip- 
ment of  each  institution,  and  see  that  it  is  doing  real  college 
work  before  certificates  are  issued  on  its  diplomas.)  The  two 
members  of  the  board  appointed  by  the  State  Board  of  Education 
shall  receive  for  the  services  rendered  by  them  compensation  at 
the  rate  of  three  dollars  per  diem  for  not  exceeding  seven  days, 
except  in  the  Counties  of  Chester  and  Hampton,  where  the  num- 
ber of  days  shall  be  ten,  in  each  year,  and  mileage  of  five  cents 
for  each  mile  of  necessary  travel,  the  same  to  be  paid  by  the 
County  Board  of  Commissioners  out  of  the  ordinary  county 
funds:  Provided,  That  in  all  counties  of  more  than  fifty  thousand 
population,  according  to  the  United  States  Census  of  1900,  said 
members  shall  receive  compensation  herein  fixed  for  not  less 
than  seven  days  nor  more  than  twenty  days,  in  the  discretion  of 
the  County  Superintendent  of  Education.  (23  Stats.,  1084.) 

Note. — See  also  Greenville  College  for  Women  v.  Co.  Bd.  of 
Education,  75  S.  C.,  95 ;  Atty.  Genl's  Op.,  1905,  p.  65,  1906. 
Teacher  without  certificate  cannot  draw  pay.  Atty.  Genl's  Op., 
1906,  95.  County  Superintendent  of  Education  gets  no  per  diem. 
Atty.  Genl's  Op.,  1904,  p.  40. 

Sec.  1201.  It  shall  be  the  duty  of  the  County  Board  of  Edu- 
cation and  the  Boards  of  Trustees  hereinafter  provided  for  to  see 
that  in  every  school  under  their  care  there  shall  be  taught,  as  far 
as  practicable,  orthography,  reading,  writing,  arithmetic,  geogra- 
phy, English  grammar,  the  elements  of  agriculture,  history  of 
the  United  States  and  this  State,  the  principles  of  the  Constitu- 
tion of  the  United  States  and  this  State,  morals  and  good  be- 
havior, algebra,  physiology  and  hygiene,  and  especially  as  to 
the  effects  of  alcoholic  liquors  and  narcotics  upon  the  human 
system,  English  literature,  and  such  other  branches  as  the  State 
Board  may  from  time  to  time  direct. 

Sec.  i2Oia.  I.  That  the  nature  of  alcoholic  drinks  and  nar- 
cotics and  special  instruction  as  to  their  effect  upon  the  human 
system,  in  connection  with  the  several  divisions  of  the  subject 
of  Physiology  and  Hygiene,  shall  be  included  in  the  branches  of 
study  taught  in  the  common  or  public  schools  in  the  State  of 
South  Carolina,  and  shall  be  studied  and  taught  as  thoroughly 
and  in  the  same  manner  as  other  like  required  branches  are  in 


GENERAL  SCHOOL  LAW  OP  SOUTH  CAROLINA.  21 

said  schools,  by  the  use  of  text  books  in  the  hands  of  pupils 
where  other  branches  are  thus  studied  in  said  schools,  and  orally 
in  the  case  of  pupils  unable  to  read,  and  shall  be  taught  by  all 
teachers  and  studied  by  all  pupils  in  all  said  schools  supported 
wholly  or  in  part  by  public  money. 

2.  The  text  books  used  for  the  instruction  required  to  be  given 
in  the  preceding  section  in  the  primary  and  intermediate  grades, 
shall  give  at  least  one-fourth  of  their  space  to  the  consideration 
of  the  nature  and  effect  of  alcoholic  drinks  and  narcotics,  and 
the  books  used  in  the  highest  grade  of  graded  schools  shall  con- 
tain at  least  twenty  pages  of  matter  relating  to  this  matter. 

3.  It  shall  be  the  duty  of  the  proper  officer  in  control  of  any 
school   described   in  the  foregoing  section   to   enforce   the  pro- 
visions of  this  Act;  and  any  officer,  school  director,  committee, 
superintendent  or  teacher  who  shall  refuse  or  neglect  to  comply 
with  the  requirements  of  this  Act,  or  shall  neglect  or  fail   to 
make  proper  provisions  for  the  instruction  required  and  in  the 
manner  specified  by  the  first  section  of  this  Act,  for  all  pupils  in 
each  and  every  school  under  his  jurisdiction,  shall  be  removed 
from  office  and  the  vacancy  filled  as  in  other  cases.     (Act  of  1908, 
25  Stats.,  1053.) 

Sec.  1202.  The  County  Boards  of  Education  of  the  several 
counties  of  this  State  shall  levy  an  annual  tax  of  three  mills  on 
the  dollar  upon  all  the  taxable  property  in  their  respective  coun- 
ties, which  tax  shall  be  collected  at  the  same  time  and  by  the 
same  officers  as  the  other  taxes  for  the  same  year,  and  shall  be 
held  in  the  County  Treasury  of  the  respective  counties,  and  on 
the  first  day  of  July  of  each  year,  or  as  soon  as  practicable  there- 
after, the  said  fund  shall  be  apportioned  by  the  said  County 
Boards  respectively  among  the  school  districts  of  their  respec- 
tive counties  in  proportion  to  the  number  of  pupils  enrolled  in 
the  public  schools  of  such  school  districts;  and  the  said  county 
boards  shall  ascertain  the  amount  of  poll  taxes  collected  in  and 
for  each  school  district  of  their  respective  counties,  and  shall 
notify  the  County  Treasurer  and  the  Trustees  of  each  school 
district  of  the  amount  of  poll  taxes,  as  well  as  of  the  amount  of 
the  aforesaid  fund  apportioned  by  them  to  each  school  district. 

The  school  funds  of  each  school  district  shall  be  distributed 
and  expended  by  the  Board  of  Trustees  for  the  best  interests  of 


22  GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA. 

the  school  district,  according  to  the  judgment  of  the  Board  of 
Trustees,  on  their  warrant  approved  by  the  County  Superintend- 
ent of  Education.  For  the  purpose  of  said  apportionment  pupils 
shall  not  be  deemed  enrolled  until  after  an  attendance  of  at  least 
ten  school  days  during  the  preceding  scholastic  year. 

Note. — Mandamus  will  not  issue  to  compel  approval  of  war- 
rant where  the  funds  in  Treasury  are  insufficient  to  pay  it. — 
State  ex  rel.  Williams  v.  Hiers,  51  S.  C.,  388,  29  S.  E.,  89;  State 
ex  rel.  Bryson  v.  Daniel,  52  S.  C.,  201,  29  S.  E.>  633.  The  power 
of  the  County  Superintendent  is  also  discretionary,  and  man- 
damus therefore  is  not  the  proper  remedy.  The  remedy  is  given 
in  next  section.  State  v.  Hiers,  supra. 

If  the  school  district  or  its  trustees  breach  a  contract,  the  dis- 
trict may  be  sued  in  an  action  at  law.  Hughes  v.  School  Dis- 
trict, 66  S.  C.,  259;  Greenville  College  for  Women  v.  County 
Board,  75  S.  C.,  96. 

If  a  loss  of  school  funds  occurs  after  they  are  apportioned  to  a 
particular  district,  the  loss  falls  on  that  district  only.  Att'y- 
Genl's  Op.,  1903,  p.  1075. 

Sec.  1203.  The  County  Board  of  Education  shall  constitute  an 
advisory  body,  with  whom  the  County  Superintendent  of  Educa- 
tion shall  have  the  right  to  consult  when  he  is  in  doubt  as  to  his 
official  duty,  and  also  a  tribunal  for  determining  any  matter  of 
local  controversy  in  reference  to  the  construction  or  administra- 
tion of  the  school  laws,  with  the  power  to  summon  witnesses  and 
take  testimony  if  necessary,  and  when  they  have  made  a  decision 
said  decision  shall  be  binding  upon  the  parties  to  the  contro- 
versy :  Provided,  That  either  of  the  parties  shall  have  the  right  to 
appeal  to  the  State  Board  of  Education,  and  said  appeal  shall  be 
made  through  the  County  Board  of  Education  in  writing,  and 
shall  distinctly  set  forth  the  question  in  dispute,  the  decision  of 
the  County  Board  and  the  testimony  as  agreed  upon  by  the  par- 
ties to  the  controversy,  or,  if  they  fail  to  agree,  upon  the  testi- 
mony as  reported  by  the  County  Board. 

Note. — It  is  clear  that  the  action  of  a  Board  of  Trustees  is 
subject  to  the  supervision  and  orders  of  the  County  Board  of 
Education,  State  v.  Daniel,  52  S.  C.,  201.  An  appeal  lies  from 
the  county  to  the  State  Board:  State  ex  rel.  Williams  v.  Hiers, 


GENERAL  SCHOOL  LAW  o£  SOUTH  CAROLINA.  23 

51  S.  C.,  388   (Atty.  Genl's  Op.,  1904,  p.  39),  and  when  taken 
acts  as  a  supersedeas.     (Atty.  Genl's  Op.,  1905,  p.  41.) 

Sec.  1204.  The  County  Board  of  Education  shall  meet  for  the 
purpose  of  examining  applicants  for  teachers'  certificates,  and 
the  transaction  of  other  business,  at  least  twice  a  year,  at  such 
places  and  at  such  times  as  the  State  Board  of  Education  shall 
appoint.  The  County  Superintendent  shall  be  Chairman  and 
Clerk  of  the  Board,  and  shall  keep  a  fair  record  of  their  proceed- 
ings, and  register  of  the  name,  age,  sex,  color,  residence  and  date 
of  certificate  of  each  person  to  whom  a  certificate  is  issued,  and 
in  case  the  certificate  be  cancelled  shall  make  a  proper  entry  of 
the  same.  The  board  shall  have  power  to  revoke  any  certificate 
granted  by  them,  for  immoral  or  improper  conduct,  or  evident 
unfitness  for  teaching.  The  board  shall  hold  as  many  additional 
meetings  during  the  year  as  the  interest  of  the  free  public  schools 
of  the  county  may  require,  subject  to  regulations  prescribed  by 
the  State  Board  of  Education. 

Sec.  1205.  The  County  Boards  of  Education  shall  divide  their 
counties  into  convenient  school  districts,  as  compact  in  form  as 
practicable,  having  regard  to  natural  boundaries,  and  not  to  ex- 
ceed forty-nine  nor  be  less  than  nine  square  miles  in  area,  and 
shall  alter  the  lines  thereof,  and  create  additional  school  districts 
from  time  to  time  as  the  interests  of  the  schools  may,  in  their 
judgment,  demand :  Provided,  That  no  new  school  district  shall 
be  erected  by  said  County  Board  of  Education,  except  upon  the 
petition  of  at  least  one-third  of  the  qualified  electors  embraced 
within  the  limits  of  such  proposed  school  district :  Provided,  fur- 
ther, That  no  school  district  shall  be  consolidated  except  upon 
a  petition  of  at  least  one-third  of  the  qualified  voters  of  the 
school  district  proposed  to  be  consolidated :  Provided,  further, 
Whenever  territory  embraced  in  two  or  more  counties  is  pro- 
posed to  be  formed  into  one  school  district,  the  same  may  be 
formed  by  the  joint  action  of  the  Board  of  Education  of  the  re- 
spective counties  as  herein  provided  for  the  formation  of  -the 
school  districts  in  a  county :  Provided,  That  in  cities  of  ten  thou- 
sand inhabitants  and  over,  this  limitation  of  area  shall  not  apply : 
Provided,  further,  That  when  any  school  district  laid  out  under 
this  section  shall  embrace  cities  or  towns  already  organized  into 
special  school  districts,  in  which  graded  school  buildings  have 


24  GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA. 

been  erected  by  the  issue  of  bonds,  or  by  special  taxation,  or  by 
donation,  all  the  territory  included  in  said  school  district  shall 
bear  its  just  proportion  of  any  tax  that  may  be  levied  to  liquidate 
such  bonds  or  support  the  public  schools  therein.  The  present 
division  of  the  counties  into  school  districts  shall  remain  until 
changed  by  the  County  Boards  of  Education.  The  County 
Boards  of  Education  are  authorized  and  empowered  to  make  con- 
tracts for  the  purpose  of  dividing  their  counties  into  proper 
school  districts,  and  to  provide  for  the  payment  of  the  expenses 
thereof  out  of  the  school  funds  of  the  county.  Every  school  dis- 
trict now  organized  or  to  be  hereafter  organized,  in  pursuance  of 
this  section,  is  and  shall  be  a  body  politic  and  corporate,  by  the 

name  and  style  of  School  District  No. (such  number  as  may 

be  designiated  by  the  County  Board  of  Education),  of  

County  (the  name  of  the  county  in  which  the  district  is  situated), 
the  State  of  South  Carolina;  and  in  that  name  may  sue  and  be 
sued,  and  be  capable  of  contracting  and  being  contracted  with  to 
the  extent  of  their  school  fund,  and  holding  such  real  and  per- 
sonal estate  as  it  may  come  into  possession  of,  by  will  or  other- 
wise, or  as  is  authorized  by  law  to  be  purchased,  all  of  which 
shall  be  used  exclusively  for  school  purposes. 

Note. — As  stated,  the  districts  are  bodies  corporate  and  may 
sue  and  be  sued.  Hughes  v.  School  District,  66  S.  C.,  259;  State 
v.  Bacon,  31  S.  C.,  765;  Aiken  Co.  v.  Murray,  35  S.  C.,  508. 
Power  of  County  Board  to  alter  lines  of  special  school  district 
created  by  Legislature.  Atty.  Genl's  Report,  1906,  p.  95,  97. 
The  County  Board  has  generally  power  to  alter  lines  of  districts. 
Atty.  Genl's  Op.,  1905,  p.  40.  When  the  County  Board  may  act 
without  petition  to  do  so.  Atty.  Genl's  Op.,  1904,  28,  30.  Peti- 
tion for  consolidation  should  be  signed  by  one-third  of  the 
voters  in  each  district  to  be  consolidated.  Atty.  Genl's  Op.,  1904, 
29.  But  the  lines  of  one  district  may  be  altered  to  include  another 
district  without  a  petition.  Atty.  Genl's  Report,  1904,  p.  30 ;  con- 
solidation of  districts  in  different  counties  is  to  be  based  upon 
separate  petitions  from  each.  Atty.  Genl's  Report,  1904,  p.  32. 
Adding  new  territory  to  a  district  makes  it  subject  to  taxation 
therein.  Atty.  Genl's  Op.,  1904,  33.  The  alteration  of  district 
lines  does  not  affect  a  levy  of  taxes  already  made.  Atty.  Genl's 
Op.,  1076.  The  expenses  of  survey,  etc.,  are  to  be  paid  out  of  the 
school  funds.  Atty.  Genl's  Op.,  1904,  28. 


GENERAL  SCHOOL  LAW  OE  SOUTH  CAROLINA.  25 

Sec.  1206.  Each  school  district  shall  be  under  the  manage- 
ment and  control  of  the  Board  of  Trustees  hereinafter  provided 
for,  subject  to  the  supervision  of  the  County  Board  of  Educa- 
tion. 

Sec.  1207.  The  school  districts  of  the  several  counties  of  the 
State  are  hereby  made  and  declared  to  be  the  divisions  of  the 
counties  for  taxation  for  all  school  purposes. 

Sec.  1208.  The  voters  or  electors  of  any  school  district  who 
return  real  or  personal  property  for  taxation,  are  authorized  to 
levy  and  collect  an  annual  tax,  to  supplement  any  special  or 
other  constitutional  or  other  tax  for  like  purposes,  in  following 
manner ;  upon  the  written  petition  or  request  of  at  least  one-third 
of  the  resident  electors  and  a  like  proportion  of  the  resident  free- 
holders of  the  age  of  twenty-one  years,  being  filed  with  the 
County  Board  of  Education,  asking  for  the  same,  and  stating  the 
rate  of  tax  levy  proposed,  which  shall  not  exceed  four  mills. 
The  said  County  Board  of  Education  shall  order  the  Board  of 
Trustees  of  said  school  district  to  hold  an  election  at  some  place 
within  the  district,  at  any  time  during  any  fiscal  year,  after 
giving  notice  of  the  time  and  place  thereof  in  some  newspaper 
published  within  the  county  and  by  posting  notice  thereof  in  at 
least  three  public  places  within  such  school  district,  for  two 
weeks,  unless  there  be  no  newspaper  published  within  the 
county,  in  which  event  the  posting  of  the  notices  as  above  shall 
suffice.  At  which  said  election  only  such  electors  as  return  real 
or  personal  property  for  taxation,  and  who  exhibit  their  tax  re- 
ceipts and  registration  certificates  as  required  in  general  elec- 
tions, shall  be  allowed  to  vote.  At  said  election  the  Board  of 
Trustees  shall  act  as  managers,  and  the  election  shall  be  con- 
ducted as  is  provided  by  law  for  the  conduct  of  general  elections. 
At  said  election,  each  elector  favoring  the  proposed  levy  shall 
cast  a  ballot  containing  the  word  "Yes,"  printed  or  written 
thereon,  and  each  elector  opposed  to  said  levy  shall  cast  a  ballot 
containing  the  word  "No,"  printed  or  written  thereon.  Within 
ten  days  after  such  election,  if  the  majority  of  those  voting  shall 
vote  for  such  levy,  the  Board  of  Trustees  shall  furnish  the 
County  Auditor  with  a  statement  of  the  amount  so  levied,  and 
the  Auditor  shall  enter  the  same  in  the  tax  duplicates;  and  he 
shall  annually,  each  year  thereafter,  enter  said  amount  in  the  tax 


26  GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA. 

duplicates  until  the  same  is  increased,  decreased,  or  repealed  by 
said  taxpayers,  at  election  called  for  that  purpose,  which  said 
election  must  be  held  on  or  before  the  first  day  of  June,  and  he  is 
notified  that  the  same  has  been  increased,  decreased,  or  repealed ; 
and  if  increased, or  decreased,  he  shall  annually  enter  it  as  before; 
which  election  shall  be  called  and  notice  given  in  the  same  way 
and  manner  as  is  herein  provided  for  the  calling  of  meetings  to 
make  the  levy  and  the  giving  of  notice  that  it  has  been  made ; 
and  the  County  Treasurer  shall  collect  the  same  as  other  county 
and  State  taxes :  Provided,  That  any  tax  which  may  be  levied, 
increased,  decreased  or  repealed,  after  October  ist  in  any  fiscal 
year,  shall  not  take  effect  until  the  next  succeeding  fiscal  year. 
Such  levy  shall  be  a  lien  on  the  property  in  such  school  district, 
which  shall  be-  subject  thereto  in  case  of  default  of  payment. 
Said  tax  so  collected  shall  be  paid  out  by  the  County  Treasurer 
upon  warrants  drawn  by  the  Board  of  Trustees,  countersigned 
by  the  County  Superintendent  of  Education :  Provided,  That  any 
surplus  of  such  levy  remaining  in  the  hands  of  the  County  Treas- 
urer at  the  expiration  of  any  fiscal  year  shall  be  paid  out  as  other 
school  funds  of  the  district.  Each  taxpayer,  when  he  pays  any 
tax  for  school  purposes  voted  under  the  provision  of  this  section, 
shall  have  the  right  to  designate  to  which  school  in  said  school 
district  he  wishes  the  money  paid  by  him  to  go;  and  the  Treas- 
urer shall  keep  a  note  of  such  designation,  and  the  money  shall 
be  applied  as  thus  designated.  When  no  designation  is  made 
by  the  taxpayer  at  the  time  of  such  payment,  the  money  shall  be 
expended  as  other  school  funds  in  such  districts :  Provided,  That 
nothing  herein  contained  shall  be  construed  to  change  the  man- 
ner now  provided  by  law  for  the  collection  and  paying  out  of 
special  taxes  in  any  school  district  now  established  by  any  spe- 
cial Act  of  the  General  Assembly  and  organized  thereunder. 
(1907,  2$  Stats.,  631.) 

Note. — Where  the  district  lines  divides  tract  of  land,  owner 
can  only  vote  in  the  district  in  which  he  resides.  Atty.  Genl's 
Op.,  1904,  52;  Atty.  Genl's  Op.,  1906,  102.  The  voter  must  both 
own  property  in  district  and  have  paid  taxes.  Atty.  Genl's  Op., 
1906,  p.  99;  also  Mch.  7,  1900. 

If  the  election  is  contested  the  County  Board  of  Education 
hears  the  contest  and  determines  the  result,  subject  to  review  by 
State  Board.  Atty.  Genl's  Op.,  1904,  p.  53. 


GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA.  27 

This  is  a  local  election,  distinguished  from  general  or  special 
election,  and  the  provisions  of  Code,  Sec.  179,  requiring  registra- 
tion books  closed  for  30  days  prior  thereto  does  not  apply  to  it. 
Atty.  Genl's  Op.,  1903,  p.  53.  If  illegally  conducted  the  levy  may 
be  enjoined.  Atty.  Genl's  Op.,  1904,  p.  51. 

The  petition  must  be  signed  by  one-third  both  of  resident 
voters  and  resident  freeholders.  Atty.  Genl's  Op.,  July  10,  1902. 
The  electors  must  be  registered,  but  not  the  freeholders,  which 
term  includes  women  owing  property  in  the  district.  Atty. 
Genl's  Op.,  1906,  104. 

The  County  Auditor  should  be  given  written  notice  of  the 
levy.  Dent.  v.  Brice,  16  S.  C.,  12;  Atty.  Genl's  Op.,  1904,  51-52. 
This  Notice  must  be  given  in  time  for  the  Auditor  to  make  the 
proper  entries  on  duplicates  before  October  ist.  Atty.  Genl's  Op., 
1906,  105.  So  as  to  the  time  of  election.  Atty.  Genl's  Op.,  May 
10,  1902. 

The  taxpayer  can  only  direct  application  of  tax  to  a  school 
within  the  district  wherein  his  property  taxed  is  situated.  Atty. 
Genl's  Report,  1904,  29. 

When  once  voted  the  tax  is  a  lien  on  all  property  within  the 
district  until  repealed.  Atty.  Genl's  Op.,  1904,  p.  30;  or  the  land 
is  taken  out  of  the  district  by  an  alteration  of  lines.  Atty.  Genl's 
Op.,  1904,  31. 

A  taxpayer  participating  in  the  election  is  estopped  to  deny 
regularity.  Martin  v.  School  District  of  Laurens,  57  S.  C.,  125. 

Sec.  I2o8a.  (Act  of  1907,  25  Stats.,  522,  as  amended  by  Act 
of  1909,  26  Stats.,  89.)  i.  The  Trustees  of  any  public  school 
district  in  the  State  of  South  Carolina  are  hereby  authorized  and 
empowered  to  issue  and  sell  coupon  bonds  of  the  said  school 
district,  payable  to  bearer,  in  such  denominations  and  amount  as 
they  may  deem  necessary,  not  to  exceed  four  per  cent,  of  .the 
assessed  valuation  of  the  property  of  the  district  for  taxation, 
and  bearing  a  rate  of  interest  not  exceeding  six  per  cent,  per 
annum,  payable  annually  or  semi-annually,  and  at  such  times  as 
they  may  deem  best :  Provided,  That  the  question  of  issuing  the 
bonds  authorized  in  this  section  shall  be  first  submitted  to  the 
qualified  voters  of  such  school  district  at  an  election  to  be  held 
upon  the  written  petition  or  request  of  at  least  one-third  of  the 
resident  electors  and  a  like  proportion  of  the  resident  freeholders 


28  GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA. 

of  the  age  of  twenty-one  years,  to  determine  whether  said  bonds 
shall  be  issued  or  not,  as  herein  provided:  Provided,  further, 
That  before  any  election  is  held  under  this  Act  it  shall  be  the 
duty  of  the  trustees  of  the  school  district  to  have  a  survey  of 
said  school  district  made  by  some  competent  surveyor  and  a 
plat  thereof  made  and  filed  in  the  office  of  the  clerk  of  court :  Pro- 
vided, further,  That  the  maximum  percentage  of  assessed  val- 
uation as  fixed  above  shall  not  apply  to  Rosemary  School  Dis- 
trict in  the  County  of  Georgetown,  but  that  in  said  school  dis- 
trict the  maximum  percentage  of  assessed  valuation  of  property 
shall  be  eight  per  cent. 

2.  For  the  purpose  of  determining  the  issue  of  bonds  author- 
ized in  Sec.  i  of  this  Act,  such  trustees  of  school  district  shall 
order  an  election  to  be  held  at  such  place  in  such  school  district 
as  may  be  designated  by  such  trustees  of  such  school  district  on 
the  question  of  whether  such  bonds  shall  be  issued  or  not,  in 
which  election  only  qualified  voters  residing  in  such  school  dis- 
trict shall  be  allowed  to  vote,  and  such  trustees  shall  give  notice 
of  such  election  for  ten  days  in  a  newspaper  published  in  such 
district,  or  by  posting  such  notice  in  three  public  places  in  such 
school  district;  shall  designate  the  time  and  place  and  appoint 
the  managers  of  such  election,  and  receive  the  returns  of  the 
managers  of  such  election,  and  declare  the  results. 

3.  The  ballot  cast  must  have  written  or  printed  on  it  the  words 
"For  Bonds"  or  "Against  Bonds." 

4.  If  a  majority  of  the  votes  cast  at  such  election  shall  be  for 
issuing  the  bonds,  such  trustees  shall  issue  such  bonds,  which 
shall  run  not  longer  than  twenty  years  from  date  of  issue  thereof, 
which  shall  be  sold  by  such  trustees  at  not  less  than  par,  and 
proceeds  of  which  shall  be  used  by  such  trustees  for  the  pur- 
pose of  erecting  buildings,  and  for  equipment  for  maintairiing 
public  schools  in  such  school  district,  or  for  paying  the  indebt- 
edness of  such  school  district;  and  such  bonds  and  coupons  of 
the  same  shall  constitute  a  lien  upon  the  property  of  such  school 
district;  it  shall  be  the  duty  of  the  county  officers  charged  with 
the  assessment  and  collection  of  taxes,  to  levy  and  collect  an- 
nually from  all  the  property,  real  and  personal,  within  the  limits 
of  such  school  district,  a  sum  sufficient  to  pay  the  interest  on 
such  bonds,  and  also  a  sum  sufficient  to  provide  a  sinking  fund 
for   the   payment   of   such   bonds   when   due,   and   the   coupons 


GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA.  29 

thereof  shall  be  received  for  school  taxes  upon  property  within 
such  school  district. 

5.  All  bonds  issued  under  and  in  pursuance  of  this  Act  shall 
be  signed  by  the  trustees  of  such  school  district :  Provided,  That 
the  signatures  of  such  trustees  shall  be  lithographed  or  engraved 
upon  the  coupons  attached  to  such  bonds,  and  such  lithographed 
signatures  shall  be  sufficient  signing  thereof. 

6.  The  proceeds  of  such  bonds  as  are  contemplated  in  this  Act 
shall  be  deposited  with  the  County  Treasurer  of  the  county  in 
which  such  school  district  is  located,  and  shall  be  receipted  for 
by  such  County  Treasurer,  and  shall  be  paid  out  by  him  only 
upon  the  warrant  of  such  Board  of  Trustees,  as  provided  by 
law  for  the  handling,  expending  and  accounting  for  all  other 
public  school  funds :  Provided,  That  nothing  in  this  Act  shall  be 
construed  as  affecting  any  bonds  already  issued  or  voted  in  any 
school  district  of  the  State  or  bonds  authorized  by  special  Acts  of 
the  Legislature. 

7.  That  the  Treasurers  of  the  counties  in  which  said  school 
districts  are  situated  are  directed  and  requested  to  deposit  all 
moneys  in  their  hands  belonging  to  the  sinking  fund  which  may 
accumulate  under  the  provisions  of  this  Act  in  some  savings 
institution  or  bank  approved  by  the  Board  of  Trustees  of  said 
school  district,  at  the  best  rate  of  interest  that  can  be  obtained 
until  the  said  bonds  mature,  and  that  the  said  Treasurers  shall, 
at  the  direction  of  the  Board  of  Trustees,  change  the  place  of 
deposit  at  any  time. 

I2o8b.  (Act  of  1898,  25  Stats.,  1051.)  All  bonds  hereafter 
issued  or  sold,  or  to  be  hereafter  issued  or  sold,  by  the  trustees  of 
any  school  district  or  school  districts  pursuant  to  the  vote  of  the 
majority  of  the  qualified  voters  of  such  school  district,  or  school 
districts,  voting  at  an  election  heretofore  or  hereafter  held  for  the 
erection  of  buildings,  for  equipment,  for  maintaining  public 
schools  in  such  district  or  districts,  or  for  paying  indebtedness  of 
such  district  or  districts,  shall  be  exempt  from  all  taxation  for 
State,  county,  municipal  or  school  purposes. 

Note. — See  the  High  School  Act  of  1907,  25  Stats.,  518,  as 
amended  in  1908,  25  Stats.,  1119,  and  1909,  26  Stats.,  85,  pub- 
lished in  separate  pamphlet  by  the  State  Superintendent  in  1909, 
with  the  high  school  regulations  and  courses  of  study. 


30  GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA. 

Sec.  1209.  Whenever  it  shall  happen  that  by  reason  of  the 
location  of  special  school  districts  portions  of  two  adjacent  coun- 
ties should  for  convenience  be  included  in  one  school  district,  the 
County  Boards  of  Education  of  such  counties  are  hereby  author- 
ized and  directed  in  joint  conference  to  make  such  regulations  as 
will  enable  such  sections  to  be  established  into  a  separate  school 
district. 

Sec.  1210.  Each  County  Board  of  Education,  on  the  first  Tues- 
day of  July,  1908,  and  on  the  first  Tuesday  in  July  two  years 
thereafter,  shall  appoint  for  each  school  district  in  their  county 
three  School  Trustees,  from  the  qualified  electors  and  taxpayers, 
residing  in  the  district,  who  shall  hold  their  office  for  two  years, 
and  until  their  successors  are  appointed  and  qualified,  unless 
sooner  removed  by  the  County  Board  of  Education.  The 
County  Board  of  Education  shall  have  power  to  fill,  from  time 
to  time,  all  vacancies  in  the  Board  of  Trustees.  The  School 
Trustees  shall  meet  as  a  Board  as  soon  and  as  often  as  practica- 
ble, and  after  having  been  appointed  and  qualified,  at  such  place 
as  may  be  most  convenient  in  the  district.  At  their  first  meet- 
ing they  shall  organize  by  electing  one  of  their  number  Chair- 
man of  the  Board,  who  shall  preside  at  the  official  meetings  of 
the  Board,  and  another  Clerk  of  the  Board,  who  shall  record 
their  proceedings  in  a  book  provided  for  that  purpose.  Each 
member  of  the  Board  of  Trustees  shall  be  duly  notified  of  all 
meetings  of  the  Board  by  the  Clerk  of  the  Board :  Provided,  That 
the  foregoing  provisions  of  this  section  shall  not  apply  to  special 
and  graded  school  districts  created  by  special  Acts ;  but  that  the 
Trustees  and  School  Commissioners  of  all  special  and  graded 
school  districts  shall  remain  the  same  in  number,  and  shall  be 
elected  or  appointed  in  the  same  manner,  and  shall  hold  the 
office  for  the  same  time  as  is  provided  for  in  the  respective 
special  Acts ;  except  that  in  the  special  school  districts  where  the 
Trustees,  or  their  successors,  are  appointed  by  the  State  Super- 
intendent of  Education  under  the  provisions  of  the  special  Acts, 
the  Trustees  shall  hold  office  until  the  first  Tuesday  in  July,  1908, 
on  which  day,  and  on  the  same  day  every  two  years  thereafter, 
the  Trustees  shall  be  elected  by  the  qualified  electors  of  such 
school  district:  Provided,  That  special  school  districts  having  a 
population  of  not  less  than  five  thousand  inhabitants,  and  in 


GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA.  31 

which  the  Boards  are  not  fixed  by  special  or  specific  legislation, 
may  elect,  on  the  second  Tuesday  in  January,  1904,  or 
on  the  second  Tuesday  in  January  of  any  alternate 
year  thereafter,  nine  Trustees,  to  constitute  a  Board 
in  their  respective  districts :  Provided,  further,  That  three 
of  the  said  Trustees  to  be  elected  at  said  election  shall  serve 
for  a  term  of  two  years,  three  for  a  term  of  four  years,  and  three 
for  a  term  of  six  years,  the  term  of  each  Trustee  to  be  determined 
by  lot  in  the  presence  of  the  County  Board  of  Education;  and 
on  the  second  Tuesday  of  January  every  two  years  thereafter, 
three  Trustees  shall  be  elected  to  serve  for  a  term  of  six  years. 
The  election  of  all  Trustees  for  all  such  school  districts  shall  be 
by  ballot,  and  shall  be  conducted  under  the  supervision  of  three 
qualified  electors  residing  within  the  district,  who  shall  be  ap- 
pointed by  the  County  Board  of  Education,  at  least  ten  days 
prior  to  the  holding  of  the  election.  The  managers  shall  report 
the  result  of  the  election  to  the  County  Board  of  Education, 
within  ten  days  .thereafter,  which  Board  shall  commission  the 
Trustees  so  elected.  The  Board  of  Trustees  of  each  special  or 
graded  school  district  shall  elect  from  their  number  a  Chairman, 
who  shall  preside  at  their  meetings,  and  a  Secretary,  or  Secretary 
and  Treasurer,  who  shall  record  the  proceedings  of  the  Board, 
and  who  shall  keep  a  full  and  accurate  account  of  all  moneys 
received  and  expended,  showing  the  source  and  disposition  of 
each  item,  and  who  shall  make  a  complete  itemized  report  of  the 
receipts  and  disbursements  of  each  scholastic  year  to  the  County 
Superintendent  of  Education,  on  or  before  the  I5th  day  of  July 
of  each  year.  The  books  and  vouchers  of  the  Secretary  and 
Treasurer  shall  be  open  at  all  times  to  inspection  by  the  public : 
Provided,  further,  That  upon  the  petition  of  one-third  of  the 
qualified  electors  of  School  District  No.  13,  in  Abbeville  County, 
filed  with  the  County  Superintendent  of  Education,  on  or  before 
the  first  day  of  June  in  any  year,  when  School  Trustees  are  to  be 
appointed,  the  County  Board  of  Education  shall  order  an  elec- 
tion to  elect  the  Trustees  for  School  District  No.  13  in  the  man- 
ner herein  provided  for  in  the  election  of  Trustees  of  Special 
School  Districts.  (23  Stats.,  63 ;  24  Stats.,  528  and  25  Stats.,  30.) 

.  Note. — Qualifications  of  Trustee :  He  must  have  resided  in  the 
county  one  year,  and  be  a  resident  qualified  elector  and  tax- 


32  GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA. 

payer  in  the  school  district.  Atty.  Genl's  Op.,  1904,  40.  He  need 
not  be  a  freeholder.  Atty.  Genl's  Op.,  1904,  42. 

There  are  to  be  three  Trustees  only,  except  where  by  a  special 
provision  of  law  provision  is  made  for  a  larger  number.  Atty. 
Genl's  Op.,  1903,  1065. 

The  terms  of  the  Trustees  expire  on  the  first  Tuesday  in  July 
in  alternate  years.  Atty.  Genl's  Op.,  1903,  p.  1066-1068. 

This  section  does  not  affect  the  election  of  Trustees  in  special 
districts  created  by  special  Act,  except  as  expressly  provided. 
Atty.  Genl's  Op.,  1903,  p.  51  and  47. 

School  Trustees  cannot  hold  any  other  office;  for  instance, 
Mayor.  Atty.  Genl's  Op.,  1907,  p.  106;  City  Clerk,  Atty.  Genl's 
Op.,  1907,  p.  108;  or  Clerk  of  Dispensary  Board,  Atty.  Genl's  Op., 
1908,  p.  105 ;  but  may  accept  other  employment,  not  being  an 
officer,  as  rural  mail  carrier.  Atty.  Genl's  Op.,  1907,  108  and  109. 

If  he  accepts  another  office,  he  may  still  act  as  a  Trustee  until 
his  office  is  declared  vacant  in  a  judicial  proceeding.  Atty. 
Genl's  Op.,  1905,  47. 

Two  members  being  a  majority  of  the  Board  can  transact  bus- 
iness, Atty.  Genl's  Op.,  1906,  p.  105 ;  if  the  absent  member  has 
been  notified  of  the  time  and  place  of  meeting,  Atty.  Genl's  Op., 
1905,  p.  47. 

School  Trustees  may  be  removed  by  the  County  Board  with- 
out preferring  charges  against  them.  Atty.  Genl's  Op.,  1905, 
p.  56. 

Sec.  121 1.  The  Board  of  Trustees  in  each  school  district  shall 
take  the  management  and  control  of  the  local  educational  inter- 
ests of  the  same,  and  shall  visit  each  school  district  at  least  once 
in  every  school  term,  and  shall  be  subject  to  the  supervision 
and  orders  of  the  County  Board  of  Education. 

State  ex  rel.  Bryson  v.  Daniel,  52  S.  C.,  201,  29  S.  E.,  633. 

Sec.  1212.  The  Board  of  Trustees  shall  hold  a  regular  session 
in  their  school  districts  at  least  two  weeks  before  the  commence- 
ment of  any  or  every  school  term  for  the  transaction  of  any  and 
all  business  necessary  to  the  prosperity  of  the  schools,  with 
power  to  adjourn  from  time  to  time  and  to  hold  special  meetings 
at  any  time  or  place  when  called  upon  by  the  Chairman  or  any 
two  members  of  the  Board. 


GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA.  33 

Sec.  1213.  The  School  Trustees  of  the  several  school  districts 
are  authorized  and  empowered  to  sell  any  school  property,  real 
or  personal,  in  their  school  districts  whenever  they  deem  it  expe- 
dient to  do  so,  and  to  apply  the  proceeds  of  sale  or  sales  to  the 
school  fund  of  the  district  wherein  such  sale  is  made :  Provided, 
That  the  consent  of  the  County  Board  of  Education  be  first  ob- 
tained by  the  Trustees  desiring  to  make  such  sale.  That  it  shall 
be  the  duty  of  the  said  Board  of  Trustees,  within  thirty  days 
after  said  sale,  to  enclose  a  report  of  the  same  to  the  County 
Board  of  Education,  setting  forth  the  terms  and  amount  of  said 
sale. 

Sec.  1214.  When  it  shall  so  happen  that  persons  are  so  situated 
as  to  be  better  accommodated  at  the  school  of  an  adjoining 
school  district,  whether  special  or  otherwise,  the  Board  of  Trus- 
tees of  the  school  district  in  which  such  persons  reside  may 
transfer  such  persons  for  education  to  the  school  district  in 
which  such  school  is  located ;  and  the  Trustees  of  the  school  dis- 
trict where  the  school  is  located  shall  receive  such  persons  into 
the  school  as  though  they  resided  within  the  district:  Provided, 
That  children  shall  not  be  transferred  from  a  school  district  in 
one  county  to  a  school  district  in  an  adjoininig  county  without 
the  consent  of  the  Board  of  Education  of  the  respective  counties 
in  which  the  transfer  is  made :  Provided,  further,  That  if  any  tax- 
payer pays  taxes  in  two  or  more  counties  he  shall  have  the  right 
to  send  his  children  to  the  school  of  any  one  of  said  counties. 

For  directions  as  to  enrollment,  see  Sec.  1185,  ante. 

Note. — The  transfer  is  only  authorized  between  adjoining  dis- 
tricts, Atty.  Genl's  Op.,  1903,  1069;  scholars  from  one  district  are 
not  entitled  to  free  tuition  in  another  district  unless  transferred 
under  this  section,  Atty.  Genl's  Op.,  1906,  103,  1905,  48.  They 
cannot  be  received  as  free  pupils  without  such  transfer.  Atty. 
Genl's  Op.,  1904,  p.  37.  But  if  so  transferred  they  cannot  be 
charged  tuition.  Atty.  Genl's  Op.,  1905,  p.  63 ;  1904,  p.  36  and  50. 
The  district  to  which  the  transfer  is  made  cannot  refuse  to  re- 
ceive the  pupil.  Atty.  Genl's  Op.,  1904,  p.  38  and  39.  The  order 
making  the  transfer  may  be  reviewed  by  the  County  Board  of 
Education  or  appeals.  Atty.  Genl's  Op.,  1905,  p.  50  and  54;  1904, 
p.  34.  It  is  too  late  to  appeal  after  both  district  Boards  have 
acquiesced  in  the  transfer.  Atty.  Genl's  Op.,  1904,  36. 


34  GENERAL  SCHOOL  LAW  OE  SOUTH  CAROLINA. 

Sec.  1215.  Each  school  teacher  shall  make  out  and  file  with 
the  Clerk  of  the  Board  of  Trustees,  at  the  expiration  of  each 
school  month,  a  full  and  complete  report  of  the  whole  number 
of  pupils  admitted  to  the  school  during  each  month,  distinguish- 
ing between  male  and  female,  the  average  attendance,  the 
branches  taught,  the  number  of  pupils  engaged  in  studying  each 
of  said  branches,  and  such  statistics  as  he  or  she  may  be  required 
to  make  by  the  County  Board  of  Education :  Provided,  That 
whenever  a  teacher  is  unavoidably  prevented  from  filing  said  re- 
port at  the  expiration  of  any  school  month,  the  Board  of  School 
Trustees  may  have  authority  to  receive  the  report  within  a  rea- 
sonable time  thereafter,  if,  in  their  opinion,  the  reasons  for  the 
delay  are  good  and  sufficient.  On  the  filing  of  the  teacher's 
report  and  its  approval  by  the  Board  of  Trustees,  their  Clerk 
shall  draw  an  order  in  duplicate  on  the  County  Treasurer  for 
the  amount  due  such  teacher,  which  shall  be  signed  by  the 
Board,  which  order,  if  accompanied  by  a  copy  of  said  monthly 
report  and  approved  by  the  County  Superintendent  of  Educa- 
tion, shall  be  countersigned  by  him  and  the  duplicate  filed  in  his 
office. 

Note. — Pupils  cannot  be  included  in  enrollment  unless  they 
have  attended  at  least  ten  days  during  the  session.  Atty.  Genl's 
Op.,  1905,  63.  Separate  pay  warrant  must  be  issued  to  each 
teacher.  Atty.  Genl's  Op.,  1904,  p.  44.  And  salaries  are  to  be 
paid  only  for  the  term  the  public  school  runs.  Atty.  Genl's  Op., 
1903,  p.  1076. 

Sec.  1216.  All  claims,  of  every  description  whatsoever,  which 
are  chargeable  against  the  fund  raised  for  the  support  of  the 
free  public  schools  of  the  State,  except  such  as  are  otherwise 
provided  for  by  law,  must  be  signed  by  at  least  a  majority  of  the 
Board  of  Trustees  of  the  school  district  against  which  the  claims 
are  chargeable ;  and  the  correctness  and  legality  of  the  same  shall 
be  sworn  to  and  subscribed  by  the  person  presenting  such  claim 
before  it  shall  be  approved  by  the  person  or  persons  authorized 
by  law  to  give  such  approval.  School  Trustees  and  County  Su- 
perintendents of  Education  shall,  free  of  charge,  administer 
oaths  to  persons  presenting  the  claims  contemplated  by  this  sec- 
tion. 


GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA.  35 

Approval  of  claim  is  not  compellable  by  mandamus.  State  ex 
rel.  Williams  v.  Hiers,  51  S.  C.,  388,  29  S.  E.,  90;  The  endorse- 
ment of  approval  need  not  be  under  official  seal.  State  v.  Mor- 
ton, 51  S.  C.,  323,  28  S.  E.,  945- 

Sec.  1217.  It  shall  be  unlawful  for  a  School  Trustee  to  receive 
pay  as  a  teacher  of  a  free  public  school. 

Sec.  1218.  The  Board  of  Trustees  shall  also  have  authority, 
and  it  shall  be  their  duty : 

ist.  To  provide  suitable  school  houses  in  their  districts,  and 
to  make  the  same  comfortable,  paying  due  regard  to  any  school 
house  already  built  or  site  procured,  as  well  as  to  all  other  cir- 
cumstances proper  to  be  considered  so  as  best  to  promote  the 
educational  interests  of  their  district. 

Note. — Location  of  school  house  site  by  Trustees  is  subject  to 
review  by  the  County  Board  of  Education.  Sligh  v.  Bowers,  62 
S.  C.,  409,  40  S.  E.,  885 ;  Young  v.  Trustees,  64  S.  C.,  131. 

See,  also,  Atty.  Genl's  Op.,  1904,  p.  26.  , 

Note. — The  Trustees  can  designate  what  school  a  pupil  shall 
attend.  Atty.  Genl's  Op.,  1903,  1068;  or  may  discontinue  a 
school.  Atty.  Genl's  Op.,  1903,  1073;  or  located  in  a  private 
building.  Atty.  Genl's  Op.,  1903,  1073  and  1074.  Trustees  are 
not  authorized  to  submit  question  of  location  to  an  election. 
Atty.  Genl's  Op.,  1903,  1072. 

2d.  To  employ  teachers  from  those  having  certificates  from 
their  County  Board  of  Examiners  or  from  the  State  Board  of 
Education,  and  to  fix  their  salaries,  and  to  discharge  the  same 
when  good  and  sufficient  reasons  for  so  doing  present  them- 
selves, subject  to  the  supervision  of  the  County  Board  of  Educa- 
tion. 

Note. — Construed  in  connection  with  Sec.  1211  to  mean  "sub- 
ject to  the  supervision  and  orders  of  the  County  Board  of  Educa- 
tion."— State  ex  rel.  Bryson  v.  Daniel,  52  S.  C.,  201,  29  S.  E.,  633. 

(As  to  the  employment  of  teachers  related,  or  kin  to  Trustees, 
see  Sec.  1228  below.) 

The  action  of  the  School  Trustees  fixing  salaries  of  teachers 
may  be  reviewed  by  the  County  Board  of  Education.  Atty. 
Genl's  Op.,  1905,  p.  56. 


36  GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA. 

The  teacher  elected  must  be  one  having  a  certificate.  Atty. 
Genl's  Op.,  1904,  p.  43 ;  and  cannot  be  elected  for  a  longer  term 
than  that  of  the  Trustees  electing.  Atty.  Genl's  Op.,  p.  43 ;  also 
Aug.  6,  1901.  The  Trustees  cannot  employ  a  Superintendent  to 
visit  and  supervise  the  work  of  the  schools  in  their  district. 
Atty.  Genl's  Op.,  1904,  p.  44. 

The  dismissal,  but  not  the  employment,  of  teachers  is  subject 
to  review  of  the  County  Board  of  Education.  Atty.  Genl's  Op., 
Oct.  n,  1901. 

No  general  or  special  School  Trustees  shall  hereafter  employ 
any  teacher  who  has  not  a  certificate  to  teach  in  the  free  public 
schools  of  the  State.  This  provision,  however,  not  to  affect  the 
employment  of  any  teacher  now  teaching  in  any  of  the  schools  of 
the  special  School  Districts:  Provided,  further,  That  the  Trus- 
tees of  any  such  school  shall  always  have  the  right  and  power  to 
impose  any  additional  examinations  and  qualifications  they  may 
deem  proper  before  or  after  employing  any  teachers :  Provided, 
also,  That  all  funds  of  the  free  public  schools  of  this  State  other 
than  those  arising  from  the  special  levy  of  special  School  Dis- 
tricts shall  be  paid  out  of  the  County  Treasury,  upon  warrants 
duly  vouched  by  the  School  Trustees  of  the  respective  schools 
or  school  districts,  or  otherwise,  as  provided  by  the  laws  gov- 
erning any  special  School  District. 

3d.  To  suspend  or  dismiss  pupils  when  the  best  interests  of 
the  schools  make  it  necessary. 

4th.  To  call  meetings  of  the  qualified  electors  of  the  district 
for  consultation  in  regard  to  the  school  interests  thereof;  at 
which  meetings  the  Chairman  or  other  member  of  the  Board 
shall  preside,  if  present. 

5th.  To  take  care  of,  manage  and  control  the  school  property 
of  the  district. 

6th.  To  visit  the  free  public  schools  within  their  district,  from 
time  to  time,  and  to  take  care  that  they  are  conducted  according 
to  law  and  with  the  utmost  efficiency. 

7th.  They  shall  be  allowed  to  cross  all  bridges  or  ferries  free 
of  charge  when  they  are  traveling  on  official  business. 

Note. — The  Trustees  cannot  charge  the  pupils  incidental  fees. 
Younger  v.  Trustees,  64  S.  C.,  131. 


GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA.  37 

Sec.  1219.  The  County  Auditor  shall  require  each  taxpayer 
to  return  the  number  and  name  of  the  school  district  in  which 
he  resides  when  he  makes  his  tax  return,  and  the  Auditor  shall 
state  the  name  in  a  separate  column  in  the  tax  duplicates. 

Sec.  1 220.  The  .County  Auditor,  when  he  has  completed  the 
tax  duplicates,  shall  report  to  the  County  Superintendent  of 
Education,  by  school  districts,  the  names  listed  for  poll  tax,  and 
the  amount  of  taxable  property  where  there  is  a  special  levy. 

Note. — The  report,  or  information,  given  the  County  Super- 
intendent of  the  poll  tax  listed  in  each  district  is  in  fact  an  appor- 
tionment of  such  tax,  and  to  be  treated  as  such.  Atty.  Genl's 
Op.,  1903,  p.  1063. 

Sec.  1221.  The  several  County  Treasurers  shall  retain  the 
poll  tax  collected  in  their  respective  counties ;  and  it  is  hereby 
made  the  duty  of  the  said  Treasurer  in  collecting  the  poll  tax  to 
keep  an  account  of  the  exact  amount  of  said  tax  collected  in  each 
school  district  in  his  county,  and  the  poll  tax  collected  therein 
shall  be  expended  for  school  purposes  in  the  school  district  from 
which  it  was  collected ;  and  any  violation  of  this  section  by  the 
County  Treasurer  shall  constitute,  and  is  hereby  declared,  a  mis- 
demeanor, and  on  conviction  thereof  the  said  County  Treasurer 
shall  pay  a  fine  not  more  than  five  hundred  dollars,  to  be  used  for 
school  purposes  in  the  county  suffering  from  such  violation,  or 
imprisonment,  in  the  discretion  of  the  Court. 

Sec.  1222.  Each  County  Treasurer,  when  he  has  finished  the 
collection  of  taxes  for  his  county,  shall  report  to  the  County 
Superintendent  of  Education  the  names  of  the  persons  in  the 
respective  school  districts  who  have  paid  their  poll  tax. 

Sec.  1223.  It  shall  be  the  duty  of  each  County  Treasurer  to 
report  monthly,  on  the  fifteenth  day  of  each  month,  to  the 
County  Superintendent  of  Education  of  his  county,  the  amount 
of  collections  and  disbursements  made  by  him  for  the  month  on 
account  of  school  tax  and  all  other  school  funds ;  and  it  shall  be  a 
misdemeanor  on  the  part  of  any  County  Treasurer  to  neglect, 
fail  or  refuse  to  make  such  report,  and  on  conviction  thereof  he 
shall  pay  a  fine  of  not  more  than  five  hundred  dollars,  the  same 
to  be  used  for  school  purposes  in  his  county. 


38  GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA. 

Sec.  1224.  All  moneys  disbursed  by  any  County  Treasurer  on 
account  of  school  funds,  taxes  or  other  school  funds,  shall  be 
paid  on  the  order  of  the  Board  of  School  Trustees,  countersigned 
by  the  County  Superintendent  .of  Education,  or  as  otherwise 
directed  by  law. 

Note. — Distinction  between  countersigning,  and  drawing  a 
warrant  on  school  funds. 

Ex  parte  Board  of  Commissioners  Florence  Graded  Schools, 
in  re  McDuffie,  School  Commissioner,  43  S.  C.,  n,  20  S.  E.,  794. 

Sec.  1225.  Each  County  Treasurer  shall  make  out  and  forward 
to  the  State  Superintendent  of  Education  annually,  on  the  first 
day  of  November,  a  certified  statement  showing  (by  school  dis- 
tricts) the  amount  of  poll  tax  and  the  amount  of  all  other  school 
taxes  collected  by  him  for  the  fiscal  year  ending  on  the  3ist  day 
of  December  next  preceding;  and  should  any  County  Treasurer 
fail  or  neglect  or  refuse  to  make  and  forward  the  statement  as 
herein  required,  the  State  Superintendent  of  Education  shall 
make  a  written  complaint  to  the  Circuit  Solicitor  for  the  county 
in  which  the  said  Treasurer  resides,  who  shall  prosecute  the  said 
County  Treasurer  for  the  same,  and  on  conviction  thereof  he 
shall  be  subject  to  a  fine  of  not  more  than  five  hundred  dollars, 
the  same  to  be  used  for  free  public  school  purposes  in  his 
county. 

Sec.  1226.  The  County  Treasurer  shall  carry  forward  all  sums 
in  his  hands  collected  for  any  previous  year  or  years  for  school 
purposes,  and  unexpended,  to  the  next  fiscal  year,  and  credit  the 
same  to  the  school  district  respectively  for  which  it  was  appor- 
tioned, and  he  shall  report  the  same  to  the  County  Superintend- 
ent of  Education. 

Sec.  1227.  It  shall  be  unlawful  for  any  County  Treasurer, 
County  Auditor,  member  of  County  Board  of  Education,  or 
School  Trustee,  to  buy,  discount  or  share,  directly  or  indirectly, 
or  be  in  any  way  interested  in  any  teacher's  pay  certificate  or 
other  order  on  school  fund,  except  such  as  are  payable  to  him 
for  his  own  services,  or  for  any  School  Trustee  to  make  any  con- 
tract, or  be  pecuniarily  interested,  directly  or  indirectly,  in  any 
contract  with  any  school  district  of  which  he  is  Trustee. 

See  Criminal  Code,  Sec.  418,  for  penalty  for  violation  of  this 
provision. 


GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA.  39 

Sec.  1228.  The  County  Board  of  Education  shall  regulate  the 
opening  and  closing  of  the  school  terms  so  as  best  to  promote 
and  subserve  the  educational  interest  of  the  different  sections  of 
their  counties :  Provided,  That  all  contracts  which  Boards  of 
Trustees  may  make  in  excess  of  the  funds  apportioned  to  their 
districts  shall  be  void.  And  no  teacher  shall  be  employed  by  a 
Board  of  Trustees  of  any  school  district  who  is  related  to  a 
member  of  the  Board  by  consanguinity  or  affinity  within  the 
second  degree,  without  the  written  approval  of  the  Board  of 
Education  of  the  county,  nor  unless  a  majority  of  the  parents  or 
guardians  of  the  children  attending  the  school  for  which  such 
teacher  is  employed  requests  such  employment  in  writing. 

Note. — Contracts  in  excess  of  funds  are  void,  being  beyond  the 
power  of  the  Trustees.  State  v.  Bowman,  66  S.  C.,  153. 

A  petition  should  be  signed  by  the  parents  as  desiring  the  em- 
ployment of  a  relative  of  a  Trustee  as  teacher,  and  the  approval 
of  .the  County  Board  of  Education  should  be  endorsed  thereon. 
Atty.  Genl's  Op.,  1905,  65 ;  1904,  42. 

The  term,  "second  degree,"  includes  persons  related  as  uncle 
and  nephew  or  niece,  first  cousins,  and  those  nearer.  Atty. 
Genl's  Op.,  1904,  p.  42. 

After  the  petition,  nomination  or  request  in  writing  is  sub- 
mitted, it  is  for  the  Trustees  to  elect  or  not  as  they  see  proper. 
Atty.  Genl's  Op.,  1903,  p.  1075. 

Sec.  1229.  It  shall  not  be  lawful  for  any  person  who  is  less 
than  six  or  more  than  twenty-one  years  of  age  to  attend  any  of 
the  free  public  schools  of  this  State. 

Note. — This  prohibits  the  establishment  of  free  kindergarten 
for  children  under  six  years  by  Trustees.  Atty.  Genl's  Op.,  1903, 
1061. 

Sec.  i23O.The  members  of  the  State  Board  of  Education  ap- 
pointed by  the  Governor,  members  of  the  County  Boards  of 
Education  appointed  by  the  State  Board  of  Education  and  mem- 
bers of  the  Board  of  Trustees  shall  be  exempt  from  militia  duty. 

Note. — School  Trustees  and  teachers  employed  in  public 
schools  are  exempted  from  liability  to  work  on  the  public  roads, 
by  Act  of  1905,  24  Stats.,  874. 

See  Criminal  Code  for  penalty  for  members  of  County  Boards 
of  Education  and  School  Trustees  attempting  to  act  after  expira- 


40  GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA. 

tion  of  their  term,  or  removal  from  office ;  and  for  teachers  acting 
as  agents  for  school  books. 

Sec.  1231.  It  shall  be  unlawful  for  pupils  of  one  race  to  attend 
the  schools  provided  by  Boards  of  Trustees  for  persons  of  an- 
other race.  (Cited  in  Flood  v.  News  and  Courier  Co.,  71  S.  C., 
118.) 

Sec.  1232.  The  scholastic  year  shall  begin  on  the  first  day  of 
July  of  each  year  and  end  on  the  thirtieth  day  of  June  fol- 
lowing. 

Sec.  1233.  The  free  public  schools  of  the  State  shall  be  kept 
open  and  the  exercises  thereof  continued,  in  each  school  district 
in  the  State,  for  a  period  of  at  least  three  months  in  each  and 
every  year. 

Sec.  1234.  The  Comptroller  General,  in  determining  whether 
any  deficiency  exists  in  any  school  district,  for  the  purposes  of 
the  distribution  of  the  fund  mentioned  in  the  next  succeeding 
section,  shall  make  his  estimate  upon  the  basis  of  the  allowance 
to  each  school  in  every  school  district,  out  of  the  three  mill  con- 
stitutional tax  and  poll  tax,  the  sum  of  seventy-five  dollars  for 
the  expenses  of  such  term  of  three  months,  for  each  school  ex- 
isting during  the  scholastic  year  1897-1898. 

Sec.  1235.  All  net  income  derived  by  the  State  from  the  sale  of 
liquors  in  this  State,  under  the  dispensary  law,  shall  be  appor- 
tioned among  the  various  counties  of  this  State,  for  the  benefit 
of  the  common  schools,  in  proportion  to  the  deficiencies  existing 
in  the  various  counties  of  this  State,  after  the  application  of  the 
three  mill  tax  and  the  poll  tax,  to  run  the  public  schools  for  the 
time  fixed  in  Sec.  1233;  and  if  there  shall  be  a  surplus  remaining 
of  such  net  income,  after  such  deficiencies  shall  have  been 
equalized,  it  shall  be  devoted  to  public  school  purposes,  and  be 
apportioned  among  the  counties  in  proportion  to  the  enrollment 
in  the  public  schools,  as  shall  appear  by  the  report  of  the  State 
Superintendent  of  Education  for  the  next  preceding  scholastic 
year,  and  be  distributed  among  the  school  districts  of  the  coun- 
ties, and  be  disbursed  as  other  school  funds :  Provided,  That  out 
of  said  surplus  there  shall  be  appropriated  five  thousand  dollars 
for  the  purpose  of  maintaining  institutes  for  the  better  instruc- 
tion of  the  teachers  of  the  public  schools,  the  same  to  be  paid  on 


GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA.  41 

the  warrant  of  the  Governor  and  the  State  Superintendent  of 
Education;  and  all  funds  derived  from  said  dispensary  law,  not 
already  disbursed,  shall  be  apportioned  in  the  same  way. 

Note. — When  mandamus  will  issue  to  compel  apportionment. 
State  ex  rel.  Capers  v.  Derham,  54  S.  C.,  349,  32  S.  E.,  418. 

Sec.  1236.  Such  apportionment  shall  be  made  by  the  Comp- 
troller General  quarterly,  and  he  shall  draw  his  warrant  upon  the 
State  Treasurer  in  favor  of  the  County  Treasurer  of  the  respec- 
tive counties  for  the  amounts  apportioned  to  such  counties,  re- 
spectively. 

Sec.  I236a,  23  Stats.,  1103.  (i)  The  Directors  of  the  State 
Dispensary  shall  pay  over  to  the  State  Treasurer  by  January  i, 
1904,  in  equal  semi-annual  payments,  all  of  the  school  fund  re- 
ported by  them  in  excess  of  four  hundred  thousand  dollars,  for 
the  benefit  of  the  common  schools  of  the  State,  to  be  apportioned 
by  and  paid  out  on  the  warrant  of  the  Comptroller  General  as  is 
now  provided  by  law  for  the  apportionment  and  payment  of  Dis- 
pensary profits  for  the  benefit  of  said  schools :  Provided,  That 
the  first  payment  shall  be  made  on  the  3Oth  day  of  June,  1902. 

(2)  The  Directors  of  the  State  Dispensary  shall  make  quar- 
terly settlements  for  the  purpose  of  ascertaining  the  net  profits 
accruing  to  the  State  from  the  sales  made  from  the  State  Dis- 
pensary, and  shall  pay  over  the  profits  so  ascertained  to  the  State 
Treasurer  within  ten  days  thereafter,  for  the  benefit  of  the  com- 
mon schools  of  the  State,  to  be  apportioned  by  and  paid  out  on 
the  warrant  of  the  Comptroller  General  as  is  now  provided  by 
law  for  the  apportionment  and  payment  of  dispensary  profits 
for  the  benefit  of  said  schools.    The  first  settlement  made  under 
this  Act  shall  be  on  the  3ist  day  of  March,  1902. 

(3)  The   County  Treasurers   of  the   several   counties   of  this 
State  shall  not  pay  to  the  authorities  of  the  several  cities  and 
towns,  entitled  to  dispensary  profits,  their  share  of  such  profits 
except  upon  the  warrants  of  the  County  Board  of  Control  and 
County  Auditor  issued  to  the  authorities  of  said  cities  and  towns, 
when  settlements  are  made  by  them  as  required  by  law.     The 
said  County  Boai:d  of  Control  and  County  Auditor  shall  at  the 
same  time  also  certify  in  writing  to  the  County  Supervisor  of  the 
county    entitled    to    share    the    dispensary    profits    the    amount 
thereof  to  which  the  county  is  entitled. 


4:2  GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA. 

(4)  All  profits  from  County  Dispensaries  subject  to  distribu- 
tion among  the  counties,  cities  and  towns  of  the  State  which 
have  accrued  since  the  fourth  Monday  of  December,  1901,  and 
which  may  hereafter  accrue,  shall  be  distributed  monthly  among 
the  counties,  cities  and  towns  entitled  thereto  in  the  proportion 
fixed  by  law,  and  that  the  settlements  to  ascertain  the  same 
shall  be  made  on  the  fourth  Monday  in  each  month,  instead  of 
quarterly,  as  heretofore  provided  by  law. 

12353.  (Act  of  1909,  26  Stats.,  165.)  For  the  purpose  of  equal- 
izing the  free  school  term  throughout  the  State,  the  sum  of 
twenty  thousand  dollars  is  hereby  appropriated.  And  the  State 
Superintendent  of  Education  is  hereby  directed  to  apportion  the 
same  for  the  purpose  of  supplying  the  deficiencies  which  Sec.  6 
of  Art.  XI  of  the  Constitution  of  this  State  requires  the  General 
Assembly  to  provide  for.  And  the  said  sums  shall  be  expended 
in  accordance  with  the  provisions  of  said  section  of  the  Consti- 
tution in  such  manner  as  will  give  aid  to  schools  in  proportion 
to  the  deficiencies  as  they  may  be  found  to  exist — the  greatest 
deficiency  receiving  the  greatest  aid — so  far  as  said  fund  will 
extend :  Provided,  That  no  school  shall  receive  aid  hereunder 
until  a  fund  shall  have  been  raised  by  the  district,  by  levy  or 
otherwise,  which  will  equal  one-half  the  amount  to  be  received 
from  this  fund :  Provided,  further,  That  no  school  whose  propor- 
tion of  the  regular  school  fund  is  sufficient  to  keep  such  school  in 
operation  for  one  hundred  or  more  school  days  during  the  schol- 
astic year,  shall  receive  any  aid  under  the  provisions  of  this  Act : 
Provided,  further,  That  the  maximum  amount  distributed  to  any 
one  school  under  the  provisions  of  this  Act,  shall  be  one  hundred 
dollars  per  annum. 

2.  The  State  Board  of  Education  is  hereby  authorized  and  em- 
powered to  make  rules  and  regulations  for  the  guidance  of  the 
State  Superintendent  in  the  disbursement  of  this  fund. 

Note. — For  regulations  as  to  State  aid  to  high  schools,  see  the 
Act  of  1907,  25  Stats.,  518,  amended  in  1908,  25  Stats.,  1119,  and 
in  1909,  26  Stats.,  85,  published  in  a  separate  pamphlet  by  the 
State  Superintendent  of  Education,  with  the  high  school  regula- 
tions and  courses  of  study. 

Sec.  1237.  The  State  Superintendent  of  Education  may  adver- 
tise for  bids  for  all  printing  required  under  this  chapter,  and 


GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA.  43 

shall  let  the  same  to  the  lowest  bidder  therefor,  who  shall  be 
required  to  file  with  his  bid  a  bond  in  double  the  amount  of  his 
bid  for  the  faithful  performance  of  the  contract. 

Sec.  1238.  Nothing  contained  in  this  Act  shall  be  construed!  to 
repeal  the  Acts  of  the  General  Assembly  creating  special  and 
graded  school  districts,  and  the  provisions  of  said  Act  shall  apply 
to  said  school  districts :  Provided,  That  the  Trustees  of  said 
school  districts  and  Commissioners  of  the  city  schools  of 
Charleston  shall  make  annual  reports  to  the  State  Superintend- 
ent of  Education  in  such  form  and  at  such  time  as  he  may  pre- 
scribe :  Provided,  further,  Whenever  under  the  provisions  of  law 
any  school  district  or  municipal  corporation  is  authorized  to  levy 
a  special  tax  for  the  support  of  public  schools  therein,  any  per- 
son not  a  resident  of  said  school  district  or  municipal  corporation 
shall  be  entitled  to  a  credit  upon  fees  for  the  tuition  of  his  or  her 
children  by  the  amount  of  such  special  tax  paid  by  such  per- 
son. 

Note. — Rights  of  special  school  districts  not  affected  by  the 
general  school  law  until  so  specified.  Holler  v.  Rock  Hill  School 
District  et  al.,  60  S.  C.,  41,  38  S.  E.,  220;  Martin  v.  School  Dis- 
trict of  Laurens,  57  S.  C.,  125,  35  S.  E.,  517. 

Sec.  1239.  (Am.,  1908,  25  Stats.,  1123.)  The  County  Boards 
of  Education  of  the  several  counties  of  this  State  are  hereby 
authorized  and  required  to  set  aside  from  the  public  school  funds 
of  their  respective  counties  an  amount  not  exceeding  five  hun- 
dred dollars,  for  the  purpose  of  providing  the  pupils  attending 
the  free  public  schools  of  their  counties  with  school  text-books  at 
actual  cost  or  exchange  prices,  the  amount  so  set  aside  from  the 
school  funds  shall  be  paid  to  the  County  Superintendent  of  Edu- 
cation by  the  County  Treasurer  out  of  the  unappropriated  gen- 
eral school  funds  in  his  hands,  on  the  warrant  of  said  County 
Board  of  Education,  and  shall  be  and  remain  permanent  funds 
in  the  hands  of  the  County  Superintendent  of  Education  to  be 
used  in  purchasing  and  keeping  on  hand  school  text-books  for 
sale  to  pupils  attending  the  free  public  schools  in  his  county, 
for  cash,  at  actual  cost  or  exchange  prices,  and  to  be  used  for  no 
other  purpose  and  in  no  other  manner;  and  the  places  where  said 
school  text-books  are  kept  and  sold  shall  be  deemed  depositories, 
under  the  control  of  the  State,  as  provided  in  the  seventh  article 


44  GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA. 

or  provision  in  the  contract  made  in  1893  with  the  publishers  of 
school  text-books.  That  the  County  Superintendent  of  Educa- 
tion in  every  county  in  the  State  be,  and  is  hereby,  required  to 
kee(F  his  office  open  each  day  of  the  week  prior  to  the  time  ap- 
pointed for  schools  to  open  in  his  county,  and  for  one  week  im- 
mediately thereafter,  and  for  at  least  one  day  in  each  week  during 
the  remainder  of  the  school  term,  for  the  convenience  of  those 
wishing  to  purchase  books :  Provided,  That  in  the  counties  of 
Charleston,  Edgefield,  Chesterfield,  Georgetown,  Kershaw,  Lan- 
caster, Laurens,  Greenwood,  Lexington  and  Richland,  the 
County  Boards  of  Education  are  hereby  authorized  and  empow- 
ered, but  not  required,  to  carry  out  the  provisions  of  this  section : 
Provided,  however,  That  nothing  herein  contained  shall  prevent 
the  keeping  of  said  depository  in  some  other  place  than  the 
office  of  the  Superintendent  of  Education,  if  in  his  judgment  it 
is  best  to  do  so. 

Sec.  I239a.  (G.  S.,  Vol.  24,  Sec.  441.)  That  immediately  after 
the  approval  of  this  Act  by  the  Governor,  the  County  Superin- 
tendents of  Education  in  the  several  counties  of  this  State  are 
hereby  authorized  and  required  to  select  and  secure  a  reliable 
merchant,  postmaster  or  other  reliable  person  in  each  township 
in  each  county,  with  whom  there  shall  be  deposited  a  sufficient 
number  of  school  books  for  sale  for  schools  in  that  township,  at 
not  exceeding  ten  per  cent,  above  first  cost;  and  that  accurate 
accounts  thereof  shall  be  kept  by  the  said  County  Superintendent 
with  each  depository. 

Note. — This  Act  is  cumulative,  and  does  not  repeal  Sec.  1239 
requiring  depository  in  office  of  County  Superintendent  of  Edu- 
cation. Atty.  Genl's  Op.,  1905,  p.  54. 

Sec.  I239b.  XXIII,  1020.  Whenever  it  shall  be  made  to 
appear  to  the  satisfaction  of  the  Trustees  of  any  school  district 
that  any  patron  of  such  school  is  unable  by  reason  of  poverty  to 
purchase  the  necessary  books  for  the  use  of  his  or  her  child  or 
children,  then  in  such  case  the  Trustees  of  such  school  district 
may,  in  their  discretion,  purchase  such  necessary  books  for  such 
pupils,  and  furnish  the  same  to  pupils  under  such  regulations  as 
the  Trustees  may  prescribe :  Provided,  The'  sum  so  expended  for 
the  purchase  of  said  books  shall  not  exceed  the  sum  of  five  per 
cent,  of  the  school  fund  of  said  district  in  any  one  year:  Pro- 


GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA.  45 

vided,  further,  That  the  books  so  purchased  shall  be  the  property 
of  such  public  school  district,  and  must  be  returned  to  the  Board 
of  Trustees  at  the  end  of  each  term. 

Sec.  1240.  That  in  all  schools  and  colleges  within  this  State 
which  are  supported  in  whole  or  in  part  from  the  free  school 
funds,  it  shall  be  unlawful  to  use  any  text-book  which  has  been 
condemned  or  disapproved  by  the  State  Board  of  Education. 

Sec.  1241.  All  persons  holding  school  claims  against  any 
county  of  this  State  which  are  unpaid  are  hereby  permitted  and 
allowed  to  prove  and  establish  the  same  before  the  County  Su- 
perintendent of  Education,  the  County  Treasurer  and  County 
Auditor  of  said  county. 

If  said  claims  are  declared  valid  and  binding  obligations  by 
said  County  Superintendent  of  Education,  Auditor  and  Treas- 
urer against  the  school  district  for  which  they  were  issued,  the 
County  Treasurer  of  said  county  is  hereby  authorized  and 
directed  to  pay  any  of  said  claims  declared  valid  out  of  the  first 
money  coming  in  his  hands  as  Treasurer  belonging  to  the  school 
district  against  which  said  claim  or  claims  are  established. 

Sec.  1241  (a)  (Act  of  1909,  26  Stats.,  132).  Any  and  all  school 
warrants  issued  by  any  Board  of  Trustees  against  any  public 
school  fund  shall  not  be  paid  by  the  County  Treasurer  or  other 
officer  having  the  custody  of  such  fund  until  the  warrant  has 
been  approved  by  the  County  Superintendent  of  Education  of 
the  county  in  which  said  warrant  is  drawn. 

See  Acts  1901,  XXIII,  826,  as  to  payment  of  claims  in  Claren- 
don, Laurens,  Marion,  Newberry  and  Sumter  counties. 

Sec.  12413..  (23  Stats.,  1019.)  The  County  Treasurers  and  the 
County  Supervisors  of  the  several  counties  in  this  State  be,  and 
they  are  hereby,  authorized  and  required,  upon  the  application 
of  the  County  Boards  of  Education  of  the  respective  counties,  to 
borrow,  from  time  to  time  during  any  fiscal  year,  such  sums  of 
money  as  may  be  necessary  to  pay  the  school  claims  of  such 
counties,  not  to  exceed  seventy-five  per  cent,  of  the  amount  re- 
ported by  the  County  Auditors  for  schools  for  said  fiscal  year,  at 
a  rate  of  interest  not  exceeding  the  rate  of  seven  per  centum  per 
annum,  and  to  pledge  the  taxes  to  be  collected  for  that  purpose 
for  the  payment  of  the  money  so  borrowed  and  the  interest 


46  GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA. 

thereon :  Provided,  That  all  money  borrowed  shall  be  held  and 
paid  out  by  the  County  Treasurer  as  school  funds  and  without 
extra  commission.  , 

Sec.  I24ic.  (23  Stats.,  1019).  In  any  county  in  this  State 
where  the  schools  have  not  funds  sufficient  to  pay  all  claims  in 
cash,  the  County  Board  of  Education  may,  at  its  discretion, 
direct  the  County  Superintendent  of  Education  to  set  aside  from 
the  school  funds  of  the  county,  or  any  of  the  school  districts,  an 
amount  annually  of  not  exceeding  ten  per  cent,  of  such  funds, 
for  so  many  years  as  may  be  necessary  to  create  a  sufficient  fund 
to  put  the  schools  of  such  county  or  any  of  the  school  districts 
on  a  cash  basis. 

Note. — Surplus  funds  in  one  district  cannot  be  applied  even 
temporarily  to  another.  Atty.  Genl's  Op.,  1905,  p.  44. 

Sec.  i24id.  Whenever  said  reserve  fund  reaches  such  an 
amount  sufficient  to  put  said  county  or  school  district,  as  the 
case  may  be,  on  a  cash  basis,  then  said  fund  may  be  used  for  said 
purposes :  Provided,  That  in  each  year  during  the  time  necessary 
to  create  such  reserve  fund,  the  County  Superintendent  of  Edu- 
cation shall  use  the  fund  accumulated  as  a  loan,  without  interest, 
to  pay  claims  held  by  teachers  to  whom  the  pay  certificates  were 
originally  issued,  the  funds  so  used  to  be  replaced  annually  from 
taxes  collected  for  school  purposes. 

Sec.  1242.  The  free  public  schools  of  this  State  shall  observe 
the  third  Friday  in  November  of  each  year  as  Arbor  Day,  and  on 
that  day  the  school  officers  and  teachers  shall  conduct  such  exer- 
cises and  engage  in  the  planting  of  such  shrubs,  plants  and  trees 
as  will  impress  on  the  minds  of  the  pupils  the  proper  value  and 
appreciation  to  be  placed  on  flowers,  ornamental  shrubbery  and 
shade  trees. 

Sec.  I242a.  (G.  S.,  Vol.  25,  22.)  That  the  public  schools  of 
this  State  shall  observe  Calhoun's  birthday,  the  i8th  of  March  of 
each  year,  as  "South  Carolina  Day,"  and  on  that  day  the  school 
officers  and  teachers  shall  conduct  such  exercises  as  will  conduce 
to  a  more  general  knowledge  and  appreciation  of  the  history, 
resources  and  possibilities  of  this  State:  Provided,  That  if  the 
said  day  shall  fall  on  Saturday  or  Sunday  that  the  Friday  nearest 
to  March  i8th  shall  be  selected:  Provided,  further,  That  if  any 


GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA.  47 

school  shall  not  be  in  session  on  the  said  date,  that  the  celebra- 
tion may  be  held  before  the  close  of  the  term. 

That  the  State  Superintendent  of  Education  shall  suggest  such 
topics  or  programmes  as  he  may  deem  appropriate  for  the  cele- 
bration of  South  Carolina  Day. 

Sec.  I242b.  (G.  S.,  Vol.  24,  p.  878.)  Whenever  the  patrons 
and  friends  of  a  free  public  school  shall  raise  by  private  subscrip- 
tion and  tender  to  the  County  Treasurer,  with  the  approval  and 
endorsement  of  the  School  Trustees  of  such  school  district,  for 
the  establishment  of  a  library  to  be  connected  with  the  said 
school,  the  sum  of  ten  dollars,  the  County  Board  of  Education 
shall  appropriate  from  the  money  belonging  to  the  school  dis- 
trict asking  for  the  library,  the  sum  of  ten  dollars  for  this  pur- 
pose (together  with  ten  dollars  from  the  general  county  school 
fund  for  a  suitable  bookcase,  which  shall  be  approved  by  the 
County  Board  of  Education.) 

As  soon  as  the  County  Board  of  Education  of  any  county 
shall  have  made  an  appropriation  for  a  library  in  the  manner 
prescribed,  the  County  Superintendent  shall  inform  the  Secre- 
tary of  the  State  Board  of  Education  of  the  fact,  whereupon  the 
said  State  Board  of  Education  shall  remit  the  County  Superin- 
tendent the  sum  of  ten  dollars  for  the  purchase  of  books  for  said 
library.  Upon  the  receipt  of  this  money,  the  County  Superin- 
tendent shall  deposit  the  same  with  the  County  Treasurer,  and 
shall  issue  to  the  person  or  persons  appointed  to  select  the  books, 
a  warrant  on  the  County  Treasurer  for  the  amount  secured  by 
private  subscription,  by  appropriation  from  the  County  Board  of 
'Education,  and  by  the  State  Board  of  Education. 

The  local  Board  of  Trustees  is  hereby  appointed  to  select  the 
books,  and  shall  select  such  books  as  they  may  deem  best  suited 
for  such  purpose,  and  file  with  the  County  Superintendent  of 
Education  vouchers  for  the  whole  amount  received :  Provided, 
That  no  voucher  shall  be  valid  except  for  books,  bookcases,  and 
transportation  charges :  Provided,  further,  That  such  purchases 
shall  be  from  a  list  furnished  by  the  State  Board  of  Education, 
which  the  said  State  Board  shall  adopt  books  for  libraries,  under 
the  law  and  rules  governing  the  adoption  of  text-books,  and  shall 
make  rules  for  the  governing  of  said  libraries. 


48  GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA. 

The  Trustees  of  every  library  shall  carry  out  such  rules  and 
regulations  for  the  proper  use  and  preservation  of  the  books  as 
may  be  enjoined  by  the  State  Board  of  Education,  and  shall 
make  provisions  for  having  all  books,  when  not  in  circulation, 
kept  under  lock  and  key. 

The  Trustees  of  two  or  more  libraries  may,  by  agreement,  ex- 
change libraries:  Provided,  That  no  exchange  shall  be  made 
oftener  than  once  in  six  months,  and  no  part  of  the  expense  of 
exchanging  libraries  shall  be  borne  by  the  public. 

That  the  sum  of  $5,000  be  annually  appropriated  to  be  ex- 
pended by  the  State  Board  of  Education,  under  the  provisions  of 
this  Act. 

Not  more  than  25  schools  in  any  county  shall  be  entitled  to  the 
benefits  of  this  Act.  The  schools  receiving  this  benefit 
shall  be  decided  by  the  County  Board  of  Education :  Provided : 
That  the  State  Board  of  Education,  after  having  set  aside 
enough  of  this  appropriation  to  meet  the  needs  and  demands 
of  the  schools,  may  use  the  balance  to  pay  transportation, 
drayage  and  other  necessary  expenses  in  the  circulation  of  any 
traveling  libraries  which  may  be  donated  or  loaned  to  the  State ; 
also  for  any  traveling  cabinets  of  museum  specimens  which  may 
be  furnished  under  similar  terms :  Provided,  further,  That  any 
additional  balance  may  be  used  for  prizes  for  rural  school  im- 
provement under  such  terms  and  rules  as  the  State  Board  of 
Education  may  arrange  with  the  State  School  Improvement 
Association.  (1908,25  Stats.,  1024.) 

Whenever  the  patrons  or  friends  of  any  free  public  school  in 
which  a  library  has  been  established  under  the  provisions  of  the 
laws  of  this  State,  shall  raise  by  private  subscription  and  tender 
the  Treasurer  of  the  County  School  Fund,  the  sum  of  five  dollars 
for  the  enlargement  of  the  library,  the  County  Board  of  Educa- 
tion shall  appropriate  from  the  money  belonging  to  that  school 
district,  the  sum  of  five  dollars,  and  the  State  Board  of  Education 
shall  remit  to  the  County  Superintendent  of  Education,  the  sum 
of  five  dollars.  The  money  thus  collected  and  appropriated  shall 
be  used  for  the  enlargement  of  libraries  already  established 
under  the  same  rules  and  restrictions  as  govern  the  establish- 
ment of  new  libraries :  Provided,  No  appropriation  shall  be  made 
for  the  purpose  of  enlarging  any  established  library  where  the 


GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA.  49 

same  will  prevent  or  interfere  with  the  establishing  of  a  new 
library.     (XXIV:  878:  1024.) 

Sec. -12420.  (G.  S.,  Vol.  24.)  That  the  County  Boards  of  Edu- 
cation of  the  various  counties  of  this  State  be,  and  the  same  are 
hereby,  authorized  to  annually  set  aside,  from  the  surplus  re- 
maining from  the  net  income  derived  by  the  State  from  the  dis- 
pensary profits,  an  amount  equal  to  five  per  cent,  of  the  entire 
public  school  funds  of  their  respective  counties,  which  said 
amounts  shall  be  used  by  the  said  County  Boards  of  Education 
for  the  purpose  of  encouraging  and  aiding  in  the  construction  of 
adequate  public  school  buildings  in  their  respective  counties. 

That  when  the  friends,  patrons  or  Trustees  of  any  public 
school  in  any  school  district  of  any  county  in  this  State  shall 
raise  by  private  subscription,  special  tax,  regular  tax,  sale  of  old 
buildings,  issuing  bonds,  or  otherwise,  funds  for  building  a 
school  house  in  such  district,  the  County  Board  of  Education  of 
such  county  shall  turn  over  to  the  Trustees  of  such  school,  from 
funds  set  aside  for  such  purpose  under  this  Act,  fifty  dollars 
($50)  for  each  one  hundred  dollars  ($100)  so  raised  by  such 
friends,  patrons  or  Trustees  for  constructing  such  school  build- 
ing: Provided,  No  one  school  shall  receive  more  than  three 
hundred  dollars  under  the  provisions  of  this  Act:  Provided,  fur- 
ther, That  no  more  than  one  school  in  any  one  district,  in  any 
one  year,  shall  receive  such  aid. 

That  County  Boards  of  Education  shall  give  the  preference  to 
school  districts  which  have  combined  and  consolidated  two  or 
more  school  buildings. 

That  any  school  district  availing  itself  of  the  provisions  of  this 
Act  shall  comply  with  plans  and  specifications  approved  by  the 
State  Board  of  Education. 

That  no  school  shall  receive  aid  under  the  provisions  of  this 
Act  without  the  approval  of  the  County  Board  of  Education. 

That  the  funds  provided  for  in  this  Act  be  paid  out  by  the 
County  Treasurer  only  upon  the  warrant  of  the  County  Board 
of  Education,  countersigned  by  the  County  Superintendent  of 
Education,  and  any  funds  not  used  by  the  end  of  the  year,  shall 
revert  back  to  the  general  school  fund  of  the  respective  counties. 
(24  Stats.,  Act  No.  452.) 


50  GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA. 

Sec.  1243.  The  Trustees,  officers  or  persons  in  charge  of  all 
literary,  scientific  or  professional  institutions  of  learning  incor- 
porated, supported  or  aided  by  the  State,  of  all  schools  or  private 
educational  institutions,  shall,  on  or  before  the  fifteenth  day  of 
July  in  each  year,  make  a  report  in  writing  to  the  State  Super- 
intendent of  Education,  of  such  statistics  as  the  Superintendent 
shall  prescribe  relating  to  the  number  of  pupils  and  instructors, 
courses  of  study,  cost  of  tuition  and  the  general  condition  of  the 
institution  or  school  under  their  charge. 

The  Superintendent  shall  prepare  blank  forms  of  inquiry  for 
such  statistics,  and  shall  send  the  same  to  every  such  institu- 
tion or  school  on  or  before  the  loth  day  of  May  in  each  year;  and 
so  much  of  said  information  as  he  may  deem  proper  be  incor- 
porated in  his  annual  report. 

See  Section  1218,  ante,  as  to  restrictions  on  power  of  School 
Trustees  in  the  employment  of- teachers. 

Sec.  I243a.  (G.  S.,  Vol.  25.)  There  shall  be  imposed  and 
assessed  on  all  dogs  in  this  State  a  capitation  tax  of  fifty  cents 
annually  on  each  dog,  the  proceeds  of  which  shall  be  expended 
for  school  purposes,  in  the  several  districts  in  which  it  is  col- 
lected. 

That  dogs  shall  be  returned  in  the  same  manner  and  at  the 
same  time  that  other  property  is  returned  for  taxation. 

That  the  capitation  tax  on  dogs  provided  for  in  this  Act  shall 
be  collected  at  the  same  time  and  in  the  same  manner  that  other 
taxes  are  now  collected. 

That  the  capitation  tax  provided  for  in  this  Act,  shall  be,  and 
constitute,  a  first  lien  in  favor  of  the  State  of  South  Carolina  on 
all  property  owned  by  any  person  who  owes  any  such  capitation 
tax.  That  the  collection  of  the  capitation  tax  provided  for  in 
this  Act  may  be  enforced  against  any  property  owned  by  the 
debtor  of  such  tax  in  the  same  way  and  manner  as  if  it  were  a 
tax  assessed  on  that  specific  piece  of  property. 

That  no  dog  which  is  not  returned  for  taxation,  as  required  in 
this  Act,  shall  be  held  to  be  property  in  any  of  the  Courts  of  this 
State. 

That  it  shall  be  the  duty  of  the  County  Auditor  and  Township 
Assessors  and  the  School  Trustees  to  enforce  the  provisions  of 


GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA.  51 

this  Act,  so  far  as  it  relates  to  listing  dogs  for  taxation.     (25 
Stats.,  p.  13.) 

Sec.  i  no.  Any  Board  of  Education,  School  Trustees,  or  any 
other  body  having  control  of  any  of  the  schools,  may,  on  account 
of  the  prevalence  of  any  contagious  or  infectious  diseases,  or  to 
prevent  the  spread  of  any  such  disease,  prohibit  the  attendance 
of  any  teacher  or  scholar  upon  any  school  under  their  control, 
and  may  specify  the  time  such  teacher  or  scholar  shall  remain 
absent,  or  they  shall  require  a  satisfactory  certificate  from  one 
or  more  reputable  practicing  physicians  that  such  attendance  is 
no  longer  attended  with  risk  to  others  attending  school,  and 
may  also  prohibit  the  entrance  into  or  attendance  at  any  school 
of  all  unvaccinated  persons  who  have  not  had  the  smallpox.  The 
said  Board  of  Control  or  Trustees  may  also  require  vaccination 
of  any  or  all  teachers,  scholars  and  attendants  if  a  case  of  small- 
pox have  occurred  in  the  city  or  town. 

Note.^The  School  Trustees  may,  on  account  of  the  preva- 
lence of  any  contagious  or  infectious  diseases,  or  to  prevent  the 
spread  of  any  such  disease,  prohibit  the  attendance  of  any 
teacher  or  scholar  upon  any  school  under  their  control,  and  may 
specify  the  time  such  teacher  or  scholar  shall  remain  absent,  or 
they  may  require  a  satisfactory  certificate  from  one  or  more 
reputable  physicians  that  such  attendance  is  no  longer  attended 
with  risk  to  others  attending  school,  and  may  also  prohibit  the 
entrance  into  or  attendance  at  any  school  of  all  unvaccinated 
persons  who  have  not  had  the  smallpox.  The  Trustees  may  also 
require  vaccination  of  any  or  all  teachers,  scholars  and  attend- 
ants if  a  case  of  smallpox  has  occurred  in  the  town.  In  case  the 
disease  becomes  so  widespread  that  it  is  deemed  necessary  to 
close  up  the  school  entirely,  the  local  Board  of  Health  of  the 
town  or  community  have  authority  to  do  so  under  Sec.  1104  of 
the  s^id  Code.  Atty.  Genl's  Op.,  1905,  p.  57. 

Sec.  1104.  It  shall  be  the  duty  of  the  Board  of  Health  as  a 
body,  or  by  committee,  with  the  Health  Officer,  to  make  quar- 
terly visits  and  inspections  of  all  schools,  seminaries  or  colleges 
(while  in  session)  which  are  supported  in  part  or  entirely  by 
public  taxation,  and  examine  and  report  on  the  sanitary  condi- 
tion of  the  same,  the  abatement  and  removal  of  garbage,  refuse 
matter  and  nuisances  which  may  prove  prejudicial  to  the  health 


52  GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA. 

of  the  pupils.  They  shall  inquire  into  the  purity  of  the  water 
supply,  the  condition  and  efficient  working  of  the  drains,  waste 
pipes,  soil  pipes  and  cesspools,  the  ventilation,  lighting  of  the 
dormitories,  lecture  and  study  rooms  of  the  buildings  and  the 
appliances  in  use  for  fire  escapes.  In  case  of  the  epidemic  prev- 
alence of  contagions  or  infections,  and  in  order  to  prevent  the 
spread  of  the  same,  the  Board  of  Health,  by  and  with  the  con- 
sent of  the  City  or  Town  Council,  may  order  the  schools,  semi- 
naries or  colleges,  in  such  town  or  city,  partially  or  entirely  sup- 
ported by  public  taxation,  closed  until  such  time  as  they  may 
deem  it  safe  to  reopen  them.  The  Board  of  Health  shall  have 
the  right  to  declare  any  epidemic  or  cause  of  ill  health  so  inju- 
rious as  to  make  it  necessary  to  close  any  or  all  of  the  private 
schools  in  the  limits  of  such  city  or  town.  Whatever  sanitary 
conditions  or  evils  shall  be  found  by  the  Board  of  Health  to 
exist  in  or  around  the  public  colleges,  schools,  etc.,  shall  be  re- 
ported by  the  Secretary  of  the  Board  of  Health  to  the  Trustees  of 
the  same,  who  shall  take  immediate  steps  to  remedy  the  sanitary 
defects  according  to  the  rules  and  regulations  prescribed  by  the 
Board  of  Health. 

Act  of  1905,  24  Stats.,  871,  Sec.  4:  No  Superintendent  of  any 
institution  of  learning,  and  no  School  Board  or  principal  of  any 
school  in  this  State  shall  admit  as  a  pupil  any  child  or  person 
who  cannot  produce  satisfactory  evidence  of  having  been  vacci- 
nated so  often  as  may  be  directed  by  the  ordinance  of  the  city  or 
town  in  which  the  school  is  located,  or  if  not  located  within  the 
city  or  town,  so  often  as  the  rules  and  regulations  of  the  State 
Board  of  Health  may  direct. 

Note. — (Penalty  for  violation  of  this  law  provided  in  Sec.  6, 
24  Stats.,  871,  is  a  fine  of  $100  or  thirty  days'  imprisonment.) 


Special  Provisions  as  to  Schools  in  Criminal  Code 

Sec.  418.  It  shall  be  unlawful  for  any  County  Treasurer, 
County  Auditor,  member  of  County  Board  of  Education,  or 
School  Trustee,  to  buy,  discount  or  share,  directly  or  indirectly, 
or  be  in  any  way  interested,  in  any  teachers'  pay  certificate,  or 
other  order  on  school  fund,  except  such  as  are  payable  to  him 
for  his  own  services,  or  for  any  School  Trustee  to  make  any  con- 
tract, or  be  pecuniarily  interested,  directly  or  indirectly,  in  any 
contract  with  any  school  district  of  which  he  is  Trustee.  If  any 
of  the  officers  aforesaid  shall  violate  the  provisions  of  this  sec- 
tion, he  shall  be  deemed  guiltly  of  a  misdemeanor,  and  on  con- 
viction thereof  shall  pay  a  fine  of  not  less  than  one  hundred  dol- 
lars nor  more  than  five  hundred  dollars,  to  be  used  for  school 
purposes  in  his  county,  and  shall  be  imprisoned  not  less  than 
three  months  nor  more  than  twelve  months,  or  either  or  both, 
and  shall  forfeit  the  amount  of  such  claim  or  of  his  interest  in 
such  claim. 

Sec.  419.  That  it  shall  be  unlawful  for  any  teacher  of  a  school 
supported  in  whole  or  in  part  from  the  public  school  funds  of 
this  State,  or  any  Trustee  of  any  such  school,  or  any  other  school 
officer,  to  become  an  active  or  silent  agent  of  any  school  book 
publisher,  or  be  in  any  wise  pecuniarily  interested  in  the  intro- 
duction of  any  school  book  or  books  into  any  school  in  this 
State.  Any  person  violating  any  of  the  provisions  hereof  shall, 
upon  conviction  thereof,  be  deemed  guilty  of  a  misdemeanor,  and 
be  subject  to  a  fine  of  not  less  than  one  hundred  dollars  or  im- 
prisonment in  the  county  jail  for  a  period  of  not  less  than  thirty 
days,  or  both,  at  the  discretion  of  the  Circuit  Judge. 

Sec.  420.  Within  ten  days  after  the  County  Treasurer  makes 
his  monthly  report  to  the  County  Superintendent  of  Education, 
showing  the  amount  of  money  collected  by  him  since  his  last 
monthly  report,  it  shall  be  the  duty  of  the  County  Superintend- 
ent of  Education  to  apportion  the  money  arising  from  a  tax  on 
property  as  shown  by  the  Treasurer's  report  among  the  school 
districts  of  his  county  and  to  certify  such  apportionment  to  the 
County  Treasurer,  together  with  the  poll  tax  belonging  to  each 


54  GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA. 

district  as  shown  by  said  report;  and  it  shall  be  the  duty  of  the 
County  Treasurer  to  enter  upon  his  book  to  the  credit  of  each 
school  district  the  amount  due  each  district  according  to  such 
certificate  of  apportionment,  and  the  County  Treasurer  shall  pay 
out  the  money  belonging  to  the  respective  districts,  upon  the 
school  warrants  of  such  districts,  duly  signed  and  countersigned 
by  the  school  authorities,  for  that  scholastic  year  in  the  order  of 
their  presentation,  provided  that  there  be  no  outstanding  claims 
of  the  previous  scholastic  year;  and  the  Comptroller  General 
shall  receive  the  warrants  thus  paid  as  proper  vouchers  in  the 
hands  of  the  County  Treasurer. 

The  failure  or  refusal  of  a  County  Superintendent  of  Educa- 
tion or  a  County  Treasurer  to  comply  with  the  foregoing  pro- 
visions, or  any  of  them,  shall  constitute  a  misdemeanor,  and 
upon  conviction  thereof  he  shall  be  subject  to  a  fine  of  not  more 
than  one  hundred  dollars,  or  imprisonment  in  the  county  jail  for 
not  more  than  thirty  days. 

Sec.  421.  Any  County  Treasurer  who  shall  demand  or  receive 
any  commissions  for  paying  out  the  school  funds  paid  out  by 
him  from  the  person  charged  with  receiving  them,  or  shall 
charge  any  person  commission  on  the  same,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  on  conviction  shall  be  fined  not 
less  than  fifty  dollars  for  each  such  offense  or  be  imprisoned  for 
a  period  not  less  than  three  months. 

Sec.  423.  The  several  County  Treasurers  shall  retain  all  the 
poll  tax  collected  in  their  respective  counties;  and  it  is  hereby 
made  the  duty  of  the  said  County  Treasurer,  in  collecting  the 
poll  tax,  to  keep  an  acount  of  the  exact  amount  of  said  tax  col- 
lected in  each  school  district  in  his  county;  and  the  city  of 
Charleston,  for  the  purpose  of  this  section,  shall  be  deemed  a 
school  district,  and  the  County  Treasurer  shall  pay  over  to  the 
City  Board  of  School  Commissioners  the  amount  of  poll  tax  col- 
lected in  said  city;  and  the  poll  tax  collected  therein  shall  be 
expended  for  school  purposes  in  the  school  district  from  which 
it  was  collected;  and  any  violation  of  this  section  by  the  County 
Treasurer  shall  constitute,  and  is  hereby  declared,  a  misde- 
meanor, and  on  conviction  thereof  the  said  County  Treasurer 
shall  pay  a  fine  of  not  less  than  five  hundred  dollars  nor  more 
than  five  thousand  dollars,  to  be  used  for  school  purposes  in  the 


GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA.  55 

county  suffering  from  such  violation,  or  imprisonment,  in  the 
discretion  of  the  Court. 

Sec.  424.  He  shall,  on  the  fifteenth  day  of  each  month,  report 
to  the  School  Commissioner  of  his  county  the  amount  of  collec- 
tions and  disbursements  made  by  him  for  the  month  on  account 
of  poll  tax  and  all  other  school  funds;  and  it  shall  be  a  misde- 
meanor on  the  part  of  any  County  Treasurer  to  neglect,  fail  or 
refuse  to  make  such  report,  and  on  conviction  thereof  he  shall 
pay  a  fine  of  not  less  than  five  hundred  dollars,  the  same  to  be 
used  for  school  purposes  in  the  county. 

Sec.  425.  He  shall  make  out  and  forward  annually  to  the 
Superintendent  of  Education,  on  the  first  day  of  November,  a 
certified  statement  showing,  by  school  districts,  the  amount  of 
poll  and  other  school  taxes  collected  by  him  for  the  fiscal  year 
ending  on  the  3ist  day  of  October  next  preceding;  and  on  failing, 
neglecting  or  refusing  to  make  and  forward  such  statement  the 
State  Superintendent  of  Education  shall  make  a  written  com- 
plaint to  the  Circuit  Solicitor  for  the  county  in  which  the  said 
County  Treasurer  resides,  who  shall  prosecute  the  said  County 
Treasurer  for  the  same;  and  on  conviction  thereof  he  shall  be 
subject  to  a  fine  of  five  hundred  dollars,  the  same  to  be  used  for 
free  public  school  purposes  in  his  county. 

Sec.  426.  It  shall  be  the  duty  of  each  Auditor  to  state,  in  a 
separate  column,  the  school  district  in  which  the  taxpayer  re- 
sides. At  the  expiration  of  the  time  prescribed  by  law  to  receive 
returns  he  shall  make  out  and  forward  to  the  Board  of  Trustees 
of  each  school  district  within  his  county  a  correct  list  of  the  polls 
returned  from  their  respective  districts.  When  the  School  Trus- 
tees have  reported  to  him  the  names  of  all  persons  who  have 
failed  or  neglected  to  make  returns,  it  shall  be  his  duty  to  enter 
upon  his  books  the  names  of  all  persons  thus  reported  to  him, 
and  he  shall  enter  the  names  of  said  persons  upon  the  tax  dupli- 
cate furnished  the  County  Treasurer.  And  any  Auditor  failing 
to  comply  with  either  or  all  of  the  provisions  of  this  section  shall 
be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  before 
a  Court  of  competent  jurisdiction  shall  be  fined  in  a  sum  of  not 
more  than  one  hundred  dollars  or  be  imprisoned  for  a  term  not 
exceeding  thirty  days. 


-   56  GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA. 

Sec.  428.  If  a  member  of  any  County  Board  of  Examiners  in 
any  county  of  this  State,  or  a  Trustee  of  any  school  district, 
shall  attempt  to  act  or  discharge  the  duties  of  either  of  said 
offices  after  he  has  been  removed,  or  after  his  successor  shall 
have  qualified,  he  shall  be  deemed  guilty  of  a  misdemeanor,  and 
after  conviction  be  punished  by  a  fine  of  not  less  than  one  hun- 
dred and  one  dollars  or  imprisonment  for  not  less  than  thirty 
days,  or  both,  at  the  discretion  of  the  Court. 

Sec.  429.  The  failure  of  any  County  School  Commissioner  or 
any  County  Treasurer  of  this  State  to  keep  a  book  of  entry,  in 
which  shall  be  kept  an  account  known  as  "general  cash 
account,"  as  required  by  law,  shall  be  deemed  a  misdemeanor, 
and  on  conviction  thereof  he  shall  be  subject  to  a  fine  of  not 
less  than  two  hundred  dollars  or  imprisonment  in  the  county 
jail  for  a  period  not  less  than  six  months. 


Regulations  of  State  Board  of  Education 


Rule  i.  The  Governor  shall  be  Chairman,  and  the  State  Su- 
perintendent of  Education  Secretary  of  the  Board. 

Rule  2.  The  Board  shall  meet  at  the  call  of  the  Chairman,  or 
at  the  request  of  a  majority  of  its  members. 

Rule  3.  The  Secretary  shall  keep  a  record  of  the  actions  of  the 
Board  in  a  book  provided  for  that  purpose,  which  record  shall 
be  the  only  official  record  of  its  proceedings. 

Rule  4.  The  order  of  business  shall  be  as  follows :  Calling  to 
order,  reading  of  minutes  of  the  previous  meeting,  unfinished 
business,  reports  of  Committees,  report  of  the  Chairman,  report 
of  the  Secretary,  and  new  business. 

Rule  5.  All  resolutions  shall  be  reduced  to  writing  by  the 
mover,  and  likewise  all  amendments. 

Rule  6.  A  motion  must  receive  a  second  before  it  can  be  enti- 
tled to  consideration  by  the  Board. 

Rule  7.  The  Chairman  and  Secretary  are  authorized  to  fill  all 
vacancies  that  may  occur  in  the  County  Boards  of  Education, 
and  to  report  their  action  to  the  Board  at  its  meeting  for  its 
consideration. 

Rule  8.  All  vacancies  in  the  office  of  County  Superintendent 
of  Education  shall  be  filled  by  ballot,  and  a  two-thirds  vote  of 
the  members  present  shall  be  necessary  to  fill  the  vacancy. 

Rule  9.  The  following  is  the  general  plan  for  the  Teachers' 
Reading  Circle  as  outlined  by  the  State  Board  of  Education: 
One  book  on  professional  reading,  one  book  on  general  profes- 
sional reading,  one  book  on  miscellaneous  reading,  literature  and 
current  events.  The  course  shall  continue  for  three  years  and 
certificates  may  be  renewed  from  year  to  year  after  examination. 
Teachers  who  have  first  grade  certificates  and  who  pursue  this 
course  successfully  will  be  granted  a  ten-year  certificate.  The 
Reading  Circle  examination  shall  be  sent  out  the  first  Tuesday 
_in  December  of  each  year,  and  all  examination  papers  must  be 
filed  with  the  State  Superintendent  of  Education  on  or  before 
September  ist  following. 


.58  GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA. 

Rule  10.  The  Governor  and  the  State  Superintendent  of  Edu- 
cation are  empowered  to  grant  State  certificates  upon  the  pre- 
sentation of  diplomas  from  reputable  colleges  and  universities  in 
other  States  of  as  high  rank  as  leading  colleges  of  this  State. 
S«uch  certificates  to  be  subject  to  confirmation  by  the  State 
Board  at  its  next  meeting. 

Rule  ii.  All  scholarship  examinations  shall  be  held  by  the 
County  Boards  of  Education,  and  the  faculties  of  the  Institutions 
in  which  the  applicants  seek  scholarships,  shall  grade  the  exami- 
nation papers  of  such  applicants,  except  in  cases  where  the  law 
otherwise  specifies. 

Rule  12.  After  February,  beginning  in  May,  1903,  there  shall 
be  two  county  examinations  for  teachers'  certificates  each  year, 
to  be  held  in  the  spring  and  in  the  fall,  and  hereafter  no  teacher 
shall  be  employed  in  the  public  schools  of  this  State  who  has 
not  registered  a  certificate  in  the  office  of  the  County  Superin- 
tendent of  Education  and  submitted  proof  thereof  to  the  Board 
of  Trustees  employing  him. 

Rule  13.  Every  applicant  for  a  county  certificate  shall  stand  a 
satisfactory  written  examination  before  the  County  Board  of 
Education,  on  uniform  questions  prepared  and  furnished  by  the 
State  Board,  the  examination  to  be  held  in  all  the  counties  on  the 
same  day,  or  he  or  she  shall  present  to  the  County  Board  a  full 
diploma  from  some  reputable  chartered  college  or  university  of 
this  State,  whose  curriculum,  standing,  faculty  and  equipment 
have  been  examined  and  approved  by  the  State  Board  of  Educa- 
tion. No  certificate  shall  be  issued  on  a  diploma  showing  that 
the  holder  has  only  completed  the  course  of  some  particular  de- 
partment of  a  school ;  the  diploma  must  show  that  the  full  col- 
lege course  has  been  completed. 
List  of  Accredited  Colleges : 

University  of  South  Carolina, 

Wofford  College, 

Furman  University, 

Clemson  College, 

South  Carolina  Military  Academy, 

Erskine  College, 

Newberry  College, 

Greenville  Female  College, 


GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA.  59 

Charleston  College, 

Chicora  College, 

Limestone  female  College, 

Converse  College, 

Columbia  College, 

College  for  Women, 

Winthrop  College, 

Lander  Female  College, 

Presbyterian  College  of  South  Carolina, 

Due  West  Female  College, 

Memminger  Normal  School, 

Clifford  Seminary. 

(Colored) 

Claflin  University, 

State  Colored  College, 

Benedict  College, 

Avery  Normal  Institute, 

Allen  University, 

Harbison  College, 

Schofield   Seminary, 

Sterling    Ind.    Institute, 

Friendship    Normal   and    Industrial   College. 

Rule  14.  Uniform  examination  questions  shall  be  prepared 
and  furnished  by  the  State  Board  of  Education  for  county  exami- 
nations. 

Rule  15.  There  shall  be  three  grades  of  Teachers'  County  Cer- 
tificates— first  grade,  second  grade  and  third  grade — this  not  to 
affect  any  certificate  now  outstanding. 

Rule  16.  To  obtain  a  First  Grade  Teachers'  County  Certificate, 
the  applicant  shall  stand  a  written  examination  on  questions 
prepared  and  furnished  the  County  Board  of  Education  by  the 
State  Board,  and  shall  make  a  general  average  of  not  less  than 
80  per  cent,  and  not  less  than  50  per  cent,  on  any  one  branch. 

To  obtain  a  Second  Grade  Teachers'  County  Certificate,  the 
applicant  shall  stand  a  written  examination  on  questions  pre- 
pared and  furnished  the  County  Board  of  Education  by  the  State 
Board,  and  shall  make  a  general  average  of  not  less  than  70  per 
cent,  and  not  less  than  45  per  cent,  on  any  one  branch. 


60  GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA. 

To  obtain  a  Third  Grade  Teachers'  County  Certificate,  the 
applicant  shall  stand  a  written  examination  on  questions  pre- 
pared and  furnished  the  County  Board  of  Education  by  the 
State  Board,  and  shall  make  a  general  average  of  not  less  than 
60  per  cent,  and  not  less  than  40  per  cent,  on  any  one  branch. 

The  County  Board  may,  in  each  instance,  impose  oral  tests  in 
reading  and  language.  In  estimating  for  a  second  or  third  grade 
certificate  algebra  need  not  be  included ;  if  it  would  be  to  the  ap- 
plicant's advantage  it  may  be  included. 

Rule  17.  No  person  shall  be  permitted  to  take  an  examination 
who  is  not  at  least  eighteen  years  of  age,  and  before  taking  an 
examination  each  applicant  shall  satisfactorily  pass  such  oral 
tests  in  reading  and  language  as  the  Board  may  impose. 

Rule  18.  A  First  Grade  Certificate  may  be  renewed  by  the 
County  Board  from  which  it  was  issued.  If,  however,  a  Teach- 
ers' Institute  or  Summer  School  is  held  in  the  county,  a  First 
Grade  Certificate  shall  not  be  renewed  unless  the  holder  attends 
the  Institute  or  Summer  School,  or  shows  to  the  State  Board  of 
Education  some  satisfactory  reason  for  not  doing  so :  Provided, 
The  holder  has  taught  during  the  two  years  for  which  the  certifi- 
cate was  issued. 

A  Second  Grade  Certificate  shall  not  be  renewed  except  where 
the  holder  attends  a  Teachers'  Institute  or  Summer  School,  and 
in  such  case  may  be  renewed. 

A  Third  Grade  Certificate  shall  not  be  renewed. 

Rule  19.  The  County  Board  shall  issue  to  each  applicant  mak- 
ing the  required  per  cent,  a  certificate,  signed  by  each  member 
of  the  Board,  and  under  the  seal  of  the  office  of  the  County 
Superintendent  of  Education  of  the  county,  and  showing  on  its 
face  the  per  cent,  made  on  each  branch  and  the  general  average. 
The  certificate  shall  run  for  two  years  from  its  date,  and  the 
holder  shall  be  deemed  competent  to  teach  in  the  public  schools 
of  the  county. 

Rule  20.  No  certificate  of  qualification  shall  be  granted  by 
any  County  Board  under  any  circumstances  to  any  person  who  is 
under  eighteen  years  of  age. 

Rule  21.  The  Coun-ty  Board  of  one  county  may  recognize  a 
certificate  issued  by  the  County  Board  of  another  county,  but 


GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA.  61 

in  such  case  they  shall  register  the  name  of  the  holder,  county 
from  which  issued,  date  and  number  of  the  certificate,  and  when 
so  registered,  it  shall  have  the  same  force  as  if  issued  in  that 
county. 

Rule  22.  Each  County  Board  shall  keep  a  register,  in  which 
shall  be  recorded  the  name,  age,  sex,  color  and  postoffice  of  each 
person  to  whom  a  certificate  is  granted,  and  also  the  date  and 
grade  of  the  certificate. 

Rule  23.  Every  claim  or  warrant  issued  by  a  Board  of  Trus- 
tees shall  be  signed  by  at  least  two  members  of  the  Board,  and 
should  not  be  approved  by  the  County  Superintendent  of  Educa- 
tion until  the  Clerk  of  the  Board  of  Trustees  has  entered  it  in  a 
book  kept  for  that  purpose. 

No  pay  warrant  shall  be  issued  by  any  Board  of  Trustees  or 
approved  by  any  County  Superintendent  of  Education  in  favor  of 
any  teacher  who,  after  July  i,  1901,  uses  in  the  public  schools  of 
this  State  any  text-book  to  the  exclusion  of  the  text-book  or 
text-books  herein  adopted  on  the  same  subject,  and  who  has  not 
registered  in  the  office  of  the  County  Superintendent  of  Educa- 
tion a  certificate  to  teach. 

Rule  24.  No  teacher  shall  be  employed  by  the  Board  of  Trus- 
tees who  is  related  by  consanguinity  or  affinity  within  the  second 
degree  to  a  member  of  the  Board  of  Trustees  or  to  a  principal  of 
a  school,  without  the  written  approval  of  the  County  Board  of 
Education,  nor  shall  they  employ  a  teacher  holding  a  certificate 
issued  by  a  County  Board  of  another  county  until  the  certificate 
has  been  duly  registered  in  the  office  of  the  County  Superintend- 
ent of  Education  of  their  own  county. 

Rule  25.  No  public  school  supplies  shall  be  purchased  by 
school  officers  for  use  in  the  public  schools  of  any  county  in  the 
State  except  such  as  are  authorized  by  the  State  Board  to  be 
sold.  The  venders  of  all  such  supplies  authorized  to  be  sold  by 
this  Board  shall  enter  into  a  written  contract  with  this  Board, 
in  which  the  prices  of  the  supplies  shall  be  stated,  and  copies  of 
the  supplies  shall  be  placed  in  the  office  of  the  State  Superin- 
tendent of  Education  and  the  supplies  sold  to  the  schools  shall  at 
all  times  conform  to  the  samples,  and  the  prices  shall  not  exceed 
the  prices  agreed  on.  The  County  Boards  may  allow  or  disallow 


62  GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA. 

such  supplies,  or  any  of  them,  to  be  sold  in  their  counties.  In 
case  they  permit  the  same  to  be  sold,  they  shall  give  the  vendor 
written  permission  to  offer  the  same  to  the  Trustees  of  their 
counties,  the  prices  of  the  supplies  to  be  named  in  the  written 
permission,  leaving  the  purchase,  or  not,  of  such  supplies  to  the 
good  judgment  of  the  Boards  of  Trustees.  In  case  the  trustees 
purchase  any  of  such  supplies,  they  may  give  a  warrant  against 
the  school  fund  of  their  district  in  payment  therefor,  but  in  no 
case  shall  the  County  Superintendent  of  Education  countersign 
or  endorse  any  such  warrant  until  the  supplies  have  been  deliv- 
ered ;  the  County  Superintendent  shall  hold  all  such  warrants  in 
his  possession  until  the  delivery  of  the  supplies  is  made.  All 
persons  purchasing  any  such  warrants  before  the  same  have  been 
countersigned  by  the  County  Superintendent  of  Education,  do 
so  at  their  own  risk. 

Rule  26.  All  applications  on  behalf  of  universities  and  colleges 
for  approval  of  course  of  study  by  the  State  Board  of  Educa- 
tion in  order  to  issue  a  diploma  for  the  degree  of  Licentiate  of 
Instruction  shall  be  in  writing  and  show  the  course  of  studies 
pursued  in  each  year,  the  number  of  years  required  to  complete 
the  course,  the  text-books  to  be  used  and  the  number  of  exami- 
nations held  each  year.  (Adopted  May  5,  1899.) 

The  colleges  whose  courses  of  study  for  the  Licentiate  De- 
gree have  been  approved  by  the  State  Board  are:  May  5,  1899, 
South  Carolina  College,  Due  West  Female  College,  Claflin  Uni- 
versity, Benedict  College;  May  4,  1900,  the  State  Colored  Col- 
lege, Greenville  Female  College ;  April  23,  1909,  Chicora  Col- 
lege. 

Rule  27.  In  all  cases  of  appeals  from  decisions  of  County 
Boards  notices  of  appeal  must  be  served  on  the  Secretary  of  the 
County  Board  of  Education,  on  the  Secretary  of  the  State  Board 
of  Education,  and  also  on  the  respondents  within  thirty  days 
from  the  decision  of  the  County  Board,  and  all  testimony,  rec- 
ords and  papers  must  be  on  file  in  the  office  of  the  State  Super- 
intendent of  Education  at  least  ten  days  before  the  meeting  at 
which  the  appeal  is  to  be  heard.  In  all  appeal  cases,  the  Secre- 
tary of  the  State  Board  of  Education  shall  assign  an  equal  length 
of  time  for  reviewing  testimony  and  argument  by  appellants  and 


GENERAL  SCHOOL  LAW  OE  SOUTH  CAROLINA.  63 

respondents,  and  notice  of  such  time  assigned  shall  be  accord- 
ingly given  by  the  Secretary  of  the  State  Board. 

Rule  28.  County  Boards  of  Education  shall  require  all  public 
school  buildings  to  be  constructed  only  upon  land  owned  by  the 
school  district.  No  school  building  shall  be  aided  by  funds 
under  the  School  Improvement  Act  unless  constructed  according 
to  plans  approved  by  the  State  Board  of  Education,  and  unless 
the  building  is  found  to  be  of  first  class  material  and  workman- 
ship, upon  inspection  by  the  County  Superintendent  of  Educa- 
tion. 

(Note.— Atty.  Genl's  Op.,  1905,  p.  47;  1906,  p.  97.) 

Rule  29.  State  Certificates  may  be  issued  to  teachers  who  suc- 
cessfully complete  nine  courses  at  the  State  Summer  School, 
and  County  Certificates  may  be  issued  to  those  who  success- 
fully complete  nine  courses  at  the  County  or  District  Summer 
Schools. 


Rules  and  Regulations  for  Libraries 

Adopted  by  the  State  Board  of  Education,  March  12,  1904. 

1.  It  shall  be  the  duty  of  the  Board  of  Trustees  to  provide  a 
substantial  bookcase  before  books  are  secured,  and  to  require  the 
same  to  be  locked,  except  when  in  actual  use. 

2.  The  County  Superintendent  and  teachers  shall  give  aid  and 
advice  to  the  Trustees  in  selecting  and  ordering  the  library  from 
the  list  adopted  by  the  State  Board  of  Education. 

3.  The  teacher  shall  be  librarian  during  the  school  term,  and 
the  Clerk  of  the  Board  of  Trustees,  or  some  responsible  person 
designated  by  the  Board,  shall  be  librarian  during  the  vacation, 
and  the  library  may  be  moved  from  the  school  house   during 
vacation,  by  order  of  the  Board  of  Trustees. 

4.  The  librarian  shall  properly  label  each  volume,  giving  the 
number  of  the  book,  the  name  of  the  school,  the  name  or  number 
of  the  district,  and  the  name  of  the  county,  and  shall  also  cata- 
logue the  books,  showing  number,  title,  and  cost  of  each  book. 

5.  The  librarian  shall  keep  a  record  of  the  name  of  each  bor- 
rower, and  shall  also  record  the  number  and  title  of  each  book 
loaned,  together  with  dates  on  which  it  was  loaned  and  returned. 


64  GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA. 

6.  Every  child  attending  school  shall  be  entitled  to  the  privi- 
leges of  the  library,  but  no  person  shall  be  allowed  to  take  two 
books  at  one  time  when  other  children  are  unsupplied. 

7.  Persons  living  in  the  community,  having  no  connection  with 
the  school,  may  take  advantage  of  the  library  by  paying  a  fee  of 
fifty  cents  annually,  in  advance. 

8.  No  person  shall  have  the  right  to  loan  books  outside  of  his 
own  household,  under  penalty  of  ten  cents  for  each  offense. 

9.  No  person  shall  keep  a  book  longer  than  two  weeks,  under 
penalty  of  one  cent  a  day  for  each  day  he  may  so  retain  it. 

10.  The  librarian  shall  designate  such  books  as  may  be  of  con- 
stant use  in  their  school,  as  supplementary  or  reference  books, 
and  these  shall  not  be  removed  from  the  school  during  the  ses- 
sion. 

11.  On  the  return  of  a  book  to  the  library,  the  librarian  shall 
ascertain  what  damage,  if  any,  has  been  sustained  by  it,  and 
shall  charge  and  collect  the  amount  of  the  fine  accordingly.    If  a 
book  is  lost,  it  shall  be  paid  for  in  full ;  and  any  one  refusing  to 
pay  a  fine  thereby  forfeits  further  use  of  the  library. 

12.  All  fines,  fees  and  other  such  moneys  shall  be  turned  over 
to  the  Trustees,  and  shall  be  devoted  to  the  maintenance  and  im- 
provement of  the  library. 

13.  It  shall  be  the  duty  of  the  librarian  to  collect  all  of  the 
books  at  the  close  of  the  session,  and  to  make  a  report  to  the 
Trustees  and  to  the  County  Superintendent  of  Education. 

14.  The  report  of  the  County  Superintendent  shall  contain  the 
following : 

(a)  The  number  of  volumes  purchased  during  the  year. 

(b)  The  number  of  volumes  received  by  gift  during  the  year. 

(c)  The  number  of  volumes  loaned  during  the  year  (counting 
each  volume  once  each  time  it  is  loaned). 

(d)  The  amount  of  fines,  fees,  etc.,  received  during  the  year. 

(e)  Total  number  of  volumes  in  the  library. 

(f)  Total  value  of  books  and  bookcases. 


Index 

PAGE. 

Age,  school  2,  39 

Age  of  teachers  60 

Agents  for  text-books,  teachers  and  Trustees  not  to  be •. .  .38,  54 

Agricultural  Colleges   4 

APPARATUS — • 

State  Superintendent  to  collect,  8;  When  Trustees  may  purchase. .  .  .61,     62 

Appeals  to  State  Board  of  Education 11,     62 

APPORTIONMENT  OF  SCHOOL  FUND — • 

Special  tax,  26;  When  and  how  made,  22;  Constitutional  provision,  6; 
From  dispensary  : . . . 41,  42 

Arbor  Day 46 

Associations,  teachers  15 

ATTENDANCE — • 

Annually  reported,  8 ;  Monthly  reported 34 

AUDITOR — • 

Not  to  buy  or  be  interested  in  school  claims,  38;  To  require  each  tax- 
payer to  make  returns  by  Districts,  37;  To  report  to  County  Super- 
intendent, 37;  To  be  notified  of  amount  of  speciat  tax  levied  and 
keep  account  25 

Blank  forms  for  report 8,     50 

BOARD  OF  EDUCATION,  COUNTY — 

Appeals,  22,  13;  Appointed,  19;  Compensation,  20;  Supervisory  powers, 
22;  Duties  and  powers,  19-23,  30;  Not  to  be  agents  for  school  books, 
53;  Not  to  buy  or  be  interested  in  school  claims,  53;  Members  exempt 
from,  39;  Not  to  discharge  duties  after  removal,  56;  to  examine 
applicants  for  teachers'  certificates 23 

BOARD  OF  EDUCATION,  STATE — 

Appeals,  11,  13;  Appointed,  1,  10;  Approve  course  of  study,  L.  I. 
Degree,  62;  Compensation,  11;  Constitution  of,  10;  Constitutional 
provision,  1;  Duties  and  powers,  11-13;  Members  exempt  from,  21; 
Meetings,  records,  etc.,  11;  Not  to  be  agents  for  school  books,  53; 
Not  to  buy  or  be  interested  in  school  claims,  35-53;  Organization  and 
procedure,  11;  Regulations  as  to  certificates,  12,  62,  58-60;  Regula- 
tions as  to  County  Boards,  58-60;  Regulations  as  to  pay  warrants, 
34,  61;  Regulations  as  to  scholarships,  29;  Regulations  as  to  school 
supplies,  61;  Regulations  as  to  vacancy  County  Board,  57;  Regula- 
tions as  to  vacancy  County  Superintendent 14,  57 


66  GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA. 

BOND—                                                                                                                            PAGE. 
County  Superintendent  of  Education,  14;   Publishers  of  school  books, 
12,  47,  48;  State  Superintendent,  7;  State  Treasurer <» 

Bonds,  issued  to  raise  funds . . . 28,     29 

Branches  of  study   12,  20-    21 

BUILDINGS— 

Funds  for,  49 ;  Location 35,     61 

Calhoun's  birthday  46 

CERTIFICATES— 

Diplomas  entitle  to,  19,  20,  58,  59;  Duration  of,  10,  60;  Examination 
for,  23,  59-60;  From  other  county,  60;  Grades  of,  59-60;  On  L.  I. 
Degree,  62;  Power  to  revoke,  19,  20,  23;  Renewal,  20;  State  Board 
to  regulate,  12,  63;  Teachers  must  have,  36;  Age  of  holder 60 

Church  schools,  public  money  not  to  be  used  for 5 

CLAIMS— 

Proof  of,  45;  Approval,  45,  61;  Borrowing  money  to  pay,  45;  Dis- 
counting, 20;  How  signed,  18;  Must  be  accompanied  by  report,  34; 
To  be  sworn  to 34 

Clemson  College,  3 ;  Scholarships  in 12,  13,     58 

Clerk  of  Court  file  Superintendent's  report 16 

Closing  of  school 51,     52 

COLLEGES — • 

Diplomas  from  certain,  19,  20;  L.  I.  Course  approved,  62;  Reports 
from,  50;  Accredited 58,  59 

Commission  on  text-books 38,     53 

COMPENSATION — • 

Clerk  of  State' Superintendent  of  Education,  9;  County  Board  of  Edu- 
cation, 20;  County  Superintendent  of  Education,  17;  State  Board 
of  Education,  11 ;  State  Superintendent  of  Education 7 

COMPTROLLER-GENERAL — • 

Apportion  funds,  41;  Levy  tax,  3;  Settlement  with  County  Treasurer. .     15 

Consanguinity   or   affinity 39 

County  Board  of  Commissioners  furnish  office .- 16 

COUNTY  BOARD  OF  EDUCATION — (See  Board,  County.) 

COUNTY  COMMISSIONERS — • 

To  approve  bond  of  County  Superintendent,  14;  To  provide  seal  for 
County  Superintendent,  17;  To  furnish  County  Superintendent  with 
office,  etc.,  16;  To  pay  County  Superintendent's  salary 17 

COUNTY  SUPERINTENDENT  OF  EDUCATION — (See  Superintendent,  County.) 


GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA.  67 

COURSE  OP  STUDY —  PAGE. 

Prescribed,  20-21;  State  Board  of  Education  to  prescribe  and  enforce. .     12 

Debt,  Boards  of  Trustees  not  to  contract  in  excess  of  funds 39 

Deficiencies  in  length  of  school  term 40-  42 

Denominational  schools,  public  money  not  to  be  used  for 5 

Depositories 12,  43,  44 

Diplomas,  exempt  from  examination 20-21,  58,  59,  62 

Dispensary,  profits   5,  40,  41 

Disbursing  funds   21,  22 

DISTRICTS— 

County  Boards  to  lay  off,  23-24;  Divisions  for  taxation,  25;  In  two 
counties,  30;  Size  of,  2;  Special  excepted,  25,  43;  Trustees  for  each, 
25;  May  issue  bonds,  27,  28;  May  levy  tax 25 

Double   enrollment    13 

DUTIES— 

Comptroller-General,  3,  15,  40;  County  Board  of  Education,  19-23; 
County  Superintendent  of  Education,  14-17;  State  Superintendent, 
7-10;  Treasurers,  15,  16,  19,  20,  45;  Trustees 34,  37,  47,  48,  50,  51,  44 

ELECTIONS— 

County  Superintendent,  14;  State  Superintendent,  7;  Trustees,  30,  31; 
As  to  levy  of  tax,  25;  As  to  issue  of  bonds 27,  28 

ENROLLMENT— 

Basis  of  apportionment,  2;  Double,  13;  When,  22;  Report  of  by 
teacher  13,  34 

Escheated  property   5,    9 

EXAMINATION  OP  TEACHERS— 

Age  of  applicants,  60;  Constitutional  provision  for,  1;  Diplomas 
exempt  from,  20,  21,  58,  59,  62;  Regulations  of  State  Board  as  to, 
58-60;  State  Board  to  regulate 11 

Extra  levy  25,  26,     27 

Forms  for  report 50 

FUNDS— 

Apportionment  of,  37,  38,  40,  53;  Commissions  on,  54;  Amount  of 
reported,  55;  Balance  carried  forward,  38;  Dispensary,  40,  41; 
Permanent  school  fund,  2;  Special,  26;  Disbursements  of,  37,  38; 
Accumulation  of,  46;  Accounts  of 5,  56 

Gifts  for  educational  purposes 5 


f)8  GENERAL  SCHOOL  LAW  OE  SOUTH  CAROLINA. 

GOVERNOR — •                                                                                                                    PAGE. 
Chairman  State  Board  of  Education,   1,  10;  To  appoint  members  of 
State  Board  of  Education,  1,  10;  To  approve  bond  of  State  Superin- 
tendent, 7 ;  To  fill  vacancy  when 10 

GRADED  SCHOOLS — • 

Districts  not  destroyed,  43;  Laws  not  repealed,  2,  43;  Trustees  in 31 

Grand  j  ury   16 

Grant  or  devise 10 

HOUSES,  SCHOOL — 

Location,  35,  61 ;  Aid  for 49 

INSTITUTES — 

County  Superintendent  of  Education  to  conduct,  15;  Teachers  attend- 
ing to  be  reported,  8 ;  Funds  for 40 

Institutions  of  learning  make  report 9,     50 

Law,  to  be  printed  and  distributed 8 

Length  of  school  term 39,  40,     42 

LEVY— 

Extra,  25,  26,  27,  43;  Three-mill 2,     21 

LIBRARIES — 

In  schools,  47,  48;  Regulations  as  to 63,     64 

Licentiate  of  Instruction  Degree 6 

Liquors,  income  from  5,  40,    41 

Location  of  school  house 35,     63 

MAPS — 

Regulations  about  purchasing,  61;  State  Superintendent  to  collect 7 

MEETINGS— 

County  Board,  23;  Electors  of  district,  25;  State  Board,  11;  Trustees. .     32 

Memminger  Normal  School 12 

Militia  duty,  members  of  Boards  exempt  from 39 

Night  schools    13 

Non-resident  taxpayers   43 

Opening  and  closing  of  schools 39,  52 

POLL  TAX— 

Auditor  to  report  list  of,  37;  County  Boards  ascertain  number  of,  21; 
Expended,  37;  Retained  in  district  where  collected 37 

Printing,  State  Superintendent  advertise  for  bids 42 

PUBLISHERS— 

Agreement  with,  12;  Teachers  and  Trustees  not  to  be  agents  for 53 


GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA.  69 

PUPILS — •  PAGE. 
Age  of,  2,  39;  By  whom  dismissed,  36;  Monthly  report  of,  giving  age, 
sex,  branches  study,  etc.,  34;  Non-resident  taxpayers,  43;  Of  one 
race  cannot  attend  schools  of  another  race,  3,  40;  Teachers  to  furnish 
list,  34;  Transfer  of  to  another  district,  3^?;  When  counted  enrolled, 
22;  Enrollment  of,  13,  34;  Quarantine  of,  51 ;  Vaccination  of 52 

Register  State  Superintendent  to  prepare 7 

Relation  of  teacher  to  Trustees 39 

REPORT— 

Auditor,  37;  County  Superintendent,  16;  Institutions,  State,  9;  Institu- 
tions, literary,  scientific  and  professional,  50;  Special  School 
District,  30;  State  Superintendent,  7;  Teachers,  34;  Treasurer,  37; 
Trustees 35 

Road  duty,  exemption  from 39 

SALARIES— 

County  Superintendent,  11;  State  Superintendent,  7;  Teachers,  34;  Not 
to  be  paid  out  of  the  school  fund 2 

Sale  of  property  by  Trustees 32 

SCHOLARSHIPS — • 

State  Board  award,  8 ;  Winthrop 40 

Scholastic  year 40 

School  buildings,  aid  for 49 

SCHOOL  BOOKS — • 

Purchase  of,  43,  44;  Depositories  for 43,     44. 

SCHOOL  DISTRICTS — (See  Districts.) 

School  houses    • 35 

School  Law  to  be  printed  and  distributed 7 

SCHOOL  OFFICERS— 

To  be  provided  for,  1;  Not  to  deal  in  school  claims,  38,  52;  Misde- 
meanor^ by 53-  56 

School  supplies 61 

SEAT. — • 

County  Superintendent,  17;  State  Superintendent 11 

Sectarian  schools,  when  not  to  be  aided 5 

Separate  schools  for  races 4,  40 

South  Carolina  Day 46 

Special  and  Graded  School  Districts  not  destroyed 2,  43 

Special  Districts,  Auditor  reports  poll  lists  and  property  in 37 


70  GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA. 

SPECIAL  TAX—                                                                                                               PAGE. 
How  levied,  25,  26;  Non-resident  taxpayer  entitled  to  benefit  of,  43; 
Taxpayers  designate  to  what  school  money  shall  go 26 

STATE  BOARD  OF  EDUCATION — (See  Board.) 

State  Colleges 4 

State  School  Fund 4,     5 

STATE  SUPERINTENDENT  or  EDUCATION — (See  Superintendent.) 

State  Treasurer  to  hold  and  invest  certain  school  funds 9 

Study,  course  of '. . .' 12,    20 

SUMMER  SCHOOL — (See  Institute.) 

Supplies,  school   61 

SUPERINTENDENT  OF  EDUCATION,  COUNTY — 

Election,  14;  Term,  14;  Administer  oaths,  15;  Approve  claims,  17; 
Attend  annual  settlements,  15;  Bond,  14;  Chairman  and  Clerk  of 
County  Board,  19;  Compensation,  2,  17;  Countersign  claims,  38,  34; 
Depository,  must  keep,  43;  Duties,  14-17;  Furnish  Trustees  with 
certain  reports,  15;  Not  to  become  agents  for  school  books,  53;  Not 
to  buy  or  be  interested  in  school  claims,  53;  Oath,  14;  Office  fur- 
nished by  Commissioners,  16;  Report,  annual,  16;  Report  to  presiding 
Judge,  16;  Report  to  Treasurer,  16;  Traveling  expenses*  18;  Vacancy, 
how  filled,  14;  Seal,  official,  17;  Register  of  claims,  17;  To  visit 
schools,  14;  To  apportion  school  funds,  15;  Supplies  for  office  of 16 

SUPERINTENDENT  OF  EDUCATION,  STATE — 

Advertise  for  bids,  22;  Bond,  7;  Certify  copies  of  papers  and  official 
acts,  7;  Collect  school  books  and  apparatus,  8;  Compensation,  2,  7; 
Distribute  blanks,  blank  books,  instructions,  8;  Duties,  7,  8;  Election, 
1,  7;  Oath,  7;  Prepare  blanks  for  schools,  7,  25;  Print  and  distribute 
school  law,  7;  Report,  annual,  8;  Secretary  of  State  Board  of  Edu- 
tion,  1,  11;  Secure  uniformity  in  text-books,  7;  Traveling  expenses, 
7 ;  Vacancy  in  office,  10;  Clerk  hire  allowed '. 10 

TAX— 

Additional  may  be  levied,  4;  Poll,  County  Board  ascertain  number  of, 
21;  Poll,  expended,  37;  Poll,  levied,  2;  Supplementary,  4,  25,  26; 
Three-mill,  21 ;  Report  of  polls,  37;  On  dogs 50 

TAXPAYERS— 

Non-resident,  43;  Return  name  and  number  of  School  District 37 

TEACHERS— 

Qualifications,  36,  39;  Agents  for  text-books,  21;  Associations,  15; 
Certificates  (see  Certificates);  Employment  of,  35;  Furnish  lists  of 
pupils,  13;  Pay  warrants,  34;  Reports  of,  13,  34;  Examination  of, 
19,  20;  Claims  of 34 


GENERAL  SCHOOL  LAW  OE  SOUTH  CAROLINA.  71 

PAGE. 

Teachers'  Association   15 

Terms,  length  of 39 

TEXT- BOOKS — 

Adoption  of,  12;  At  cost,  23;  Schools  and  colleges  not  to  use  those 
disapproved,  23;  Fixed  price,  12;  Officers  cannot  get  rebate,  commis- 
sion or  discount,  53;  Teachers  and  Trustees  not  to  be  agents  for, 
53;  Uniform 12 

Three-mill  tax   2,     21 

Transfer  of  pupils 32 

TRAVELING  EXPENSES — 

County  Superintendent,  18;  County  Board  6f  Education,  20;  State 
Board  of  Education,  11;  State  Superintendent 7,  8 

TREASURER— 

Bond,  9;  Carry  balances  forward,  38;  Collect  special  tax,  25,  26;  Keep 
poll  tax  by  Districts  and  report,  37;  Report  to  County  Superinten- 
dent, 37;  Report  to  State  Superintendent 38 

TRUSTEES— 

Qualifications,  31;  Administer  oaths,  34;  Appointed,  30;  Authority 
and  duties,  general,  36,  37 ;  Call  meetings  of  people,  36 ;  Certify  lists 
of  pupils,  34;  Control  Districts,  25;  Control  school  property,  10,  36; 
Cross  bridges  and  ferries  free,  36;  Debt,  may  not  contract,  39;  Dis- 
miss pupils,  36;  Employ  teachers,  35;  Exempt  from  road  duty  and 
militia  service,  39;  Majority  sign  warrants,  34;  Meetings,  30,  32;  - 
Not  to  be  agents  for  school  books,  53;  Not  to  buy  or  be  interested 
in  school  claims,  53;  Not  to  perform  duties  after  removal,  56; 
Notify  Auditor  of  amount  of  special  levy,  26;  Organization  of 
Board,  30;  Pay  as  teachers,  cannot  receive,  35;  Pay  teachers,  when, 
34;  Purchase  school  apparatus,  when  and  how,  61;  Qualifications, 
35;  Require  additional  examinations,  36;  See  that  certain  branches 
are  taught,  20,  21;  Sell  school  property,  when,  must  report,  33; 
Special  Districts,  36;  Special  and  Graded  Schools,  36;  Transfer 
pupils,  32;  Trustees  of  higher  institutions  must  report,  9,  50; 
Vacancy  in  office 30 

University  of  South  Carolina .       3 

VACANCY— 

County  Board  of  Education,  57;  County  Superintendent  of  Education, 
14,  57;  District  Board  of  Trustees,  30;  State  Superintendent  of 
Education .' 10 

WARRANTS— 

Discounting,  54;  How  made  out,  34;  Must  be  accompanied  by  report, 
34;  Register  of  to  be  kept,  61 ;  School  supplies,  61 ;  Approval  of. .  .22,  61 


T2  GKXKRAI,  SCHOOL  LAW  OK  SOUTH  CAROLINA. 

WlNTIIROP    COLLEGE PAGE. 

Constitutional  provision   for,  3;   Scholarships 58 

YEAR — • 

School  year 40 


SYRACUSE,  -  N  Y. 


